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court, operate as a stay of the Secre- the State agency in order to assure obtary's action.

servance in the application of State THE STATE PLAN-ADMINISTRATION

standards and the effective achievement

of the objectives of the State plan. & 903.9 Designation of State agency.

$ 903.12 Technical review committee. The State plan shall indicate and identify the single State agency that has

The State plan shall provide for a been established or designated as the sole

review by one or more technically comagency for administering or supervising

petent committees, of all applications rethe administration of the State plan.

ceived by the State agency for projects This agency shall be primarily respon

to be financed from its allotment under sible for coordination of State programs

Title III of the Act. The members of and activities related to the purposes of

this committee shall not be in the fullthe Act.

time employ of the State agency, and

shall make recommendations to the $ 903.10 Authority,

State agency on all project applications. The State plan shall also include as an

§ 903.13 Fiscal administration. attachment a certificate of the State's Attorney General to the effect that the

The State plan shall set forth the State agency has the authority to submit

policies and methods pertinent to fiscal the State plan and to carry out the pro

administration and control, including grams described therein as the sole

sources of funds, incurrence and payment State agency responsible for administer

of obligations, disbursements, accounting or supervising the administration of

ing and auditing. The State plan shall the State plan, and that nothing in the

provide for the maintenance by the State State plan is inconsistent with State law.

agency and project grantees of such ac

counts and supporting documents as will $ 903.11 Organization for administra- serve to permit an accurate and extion.

peditious determination to be made at The State plan shall describe the

any time of the status of the Federal organizational structure of the State

grants, including the disposition of all agency, including descriptions of organi

monies received and the nature and zational units, the functions assigned to

amount of all charges claimed to lie each, and the relationships among units

against the allotment to the State. in the State program on aging. The $ 903.14 Custody of funds. organizational structure shall provide for all the functions for which the State is

The State plan shall designate the

State official who will receive and provide responsible under the plan, for clear lines of administrative and supervisory

for the custody of all funds paid to the

State under the Act, subject to requisiauthority, and shall be suited to the size

tion or disbursement by the State agency. of the program and the geographic areas in the State in which the program op- $ 903.15 Standards of personnel adminerates. Sufficient staff shall be assigned

istration. on a full-time basis to assure eficient administration of the plan in the State.

The State plan shall provide for such The State plan shall also describe meth

methods of personnel administration on ods of administration which will pro

a merit basis as are set forth in the vide for the coordination and integration

Standards For A Merit System of Person. of activities, adequate controls over op

nel Administration, Part 70 of this title, erations, channels for the development

issued by the Department of Health, and interpretation of policies and stand

Education, and Welfare, the Department

of Labor, and the Department of Defense. ards, record keeping and reporting pro

The Secretary shall exercise no author. cedures and effective supervision of staff.

ity with respect to the selection, tenure If the State plan provides for the ad

of office, and compensation of any indiministration of certain specified portions

vidual employed in accordance with such of the plan by an agency other than the

methods. single state agency, the State plan shall set forth the standards governing its

8 903.16 Staff development. organization and methods of adminis- The State plan shall provide for a tration, and shall describe the nature and program of staff development for proextent of the supervision exercised by fessional personnel in aging. This program shall provide for the inservice (b) The State plan shall also provide training of personnel for the purpose of for the furnishing of consultative, techproviding a high quality of services to nical, and information services to public older persons. If the staff development and nonprofit private agencies and orprogram includes leaves of absence for ganizations engaged in activities relating institutional or other organized training to the special problems and welfare of for professional personnel, the State plan older persons, and for coordinating the shall specify the policies governing such activities of such agencies and organizaeducational leave.

tions to the extent feasible. & 903.17 Nondiscrimination and civil $ 903.20 Cooperation with other agenrights.

cies and organizations. Attention is called to the requirements The state plan shall provide for conof Title VI of the Civil Rights Act of sultation with and utilization, pursuant 1964. Section 601 provides that no per- to agreement with the head thereof, of son in the United States shall, on the the services and facilities of appropriate grounds of race, color, or national origin, State or local public or nonprofit private be excluded from participation in, be de- agencies and organizations in the adnied the benefits of, or be subjected to ministration of the plan and in the discrimination under any program or development of such programs and activity receiving Federal financial as- activities. sistance (42 U.S.C. section 20000). The

& 903.21 Principles and priorities of regulation implementing such Title VI

Stale projects. has been issued by the Secretary with the approval of the President (Part 80 The State plan shall set forth prinof this title) and is applicable to Federal ciples for determining the priority of financial assistance extended under this projects in the State, and provide for part.

approval of such projects in the order

determined by application of such THE STATE PLAN—THE AGING PROGRAM

principles. $ 903.18 Financial participation.

$ 903.22 Eligibility of applicants. The State plan shall provide for such financial participation by the State, or

The plan shall provide for approval of communities, with respect to activities

projects of only public or nonprofit priand projects under the State plan as to

vate agencies or organizations. assure continuation of desirable activi- $ 903.23 Approval of projects. ties and projects after termination of

The State plan shall provide that, after Federal financial support under Title III of the Act. Financial participation may

review and recommendation by a techalso be derived from agencies or organi

nical review committee, the project will zations conducting projects and from

be submitted to the State agency for other non-Federal sources. Such finan

action. cial participation on the part of the

$ 903.24 Opportunity for hearing. State, communities, or other non-Federal sources, may be in the form of monies,

The State plan shall provide for an facilities, or services for carrying out the

opportunity for a hearing before the activity or project approved under the State agency for any applicant whose State plan.

application for approval of a project is

denied. $ 903.19 Development of programs and activities.

$ 903.25 Reports. (a) The State plan shall provide for The State plan shall provide that the development of programs and activities State agency will make such reports to for older persons for carrying out the the Secretary in such form and containpurposes of the Act, including an iden- ing such information as may reasonably tification of the types and kinds of activi- be necessary to enable him to perform ties and projects relating to community his functions under Title III of the Act, planning and coordination, demonstra- and shall keep such records and afford tions, training, and the establishment of such access thereto as the Secretary may new or expansion of existing programs find necessary to assure the correctness (including centers).

and verification of such reports.

ALLOTMENTS AND FEDERAL FINANCIAL the case of allotments for the fiscal year PARTICIPATION

ending June 30, 1966, prior to July 1, $ 903.26 Allotments to the States.

1967. To the extent permitted by the

State's allotment under this section, The funds appropriated pursuant to payments with respect to any project section 301 of the Act for any fiscal year shall equal 75 percentum of the cost of for grants to States shall be allotted such project for the first year of the among the States in the following man

duration of such project, 60 per centum ner:

of such cost for the second year of such (a) From the sum appropriated for a project, and 50 per centum of such cost fiscal year under section 301, (1) the Vir- for the third year of such project; except gin Islands, Guam, and American Samoa that (a) at the request of the State such shall be allotted an amount equal to one- payments may be less than such percenthalf of 1 per centum of such sum, and age of the cost of such project stated (2) each other State shall be allotted an above, and (b) grants may not be made amount equal to 1 per centum of such under this Title for any such project for sum.

more than 3 years or for any period after (b) From the remainder of the sum June 30, 1972. so appropriated for a fiscal year each State shall be allotted an additional $ 903.29 Expenditure of grant funds. amount which bears the same ratio to (a) The provisions of State or local such remainder as the population aged law which are applicable to the expendi65 or over in such State bears to the ture of moneys appropriated by State or population aged 65 or over in all the local subdivisions respectively shall States.

apply respectively to Federal moneys (c) A State's allotment for a fiscal paid to the State under Title III of the year under this part shall be equal to the Act. sum of the amounts allotted under para- (b) Unless otherwise covered by State graphs (a) and (b) of this section.

law, all encumbrances of grant funds by

project grantee of such State agency $ 903.27 Reallotments to the States.

shall be liquidated within 2 years after The amount of any allotment to a State the end of the fiscal year in which the under $ 903.26 for any fiscal year which encumbrance was incurred unless otherthe State notifies the Secretary will not wise authorized by the Secretary except be required for carrying out the State that encumbrances of grant funds under plan (if any) approved under this title projects approved in fiscal year 1966 must shall be available for reallotment from be liquidated by June 30, 1969. Grant time to time, on such dates as the Sec- funds as used in this section means Fedretary may fix, to other States which the eral funds and all other resources used Secretary determines (a) have need in to earn Federal matching funds for the carrying out their State plans so ap- purposes of implementing the State plan proved for sums in excess of those pre- under the Act. viously allotted to them under $ 903.26, and (b) will be able to use such excess

$ 903.30 Costs of administration. amounts for projects approved by the From the State's allotment under State during the period for which the § 903.26 for a fiscal year, not more than original allotment was available. Such 10 percent or $15,000, whichever is larger, reallotments shall be made on the basis

shall be available for paying one-half of the State plans so approved, after tak

(or such smaller portion as the State may ing into consideration the population

request) of the costs in administering aged 65 or over. Any amount so reallotted to a State shall be deemed part of

the approved State plan, including the Its allotment under $ 903.26.

costs of carrying out the functions re

ferred to in $ 903.19. $ 903.28 Federal financial participation.

$ 903.31 Audit. The allotment of any State under Title III of the Act for any fiscal year shall be

All fiscal transactions by the State available for grants to pay part of the agency, any other agency (if any) adcosts of projects in such State described ministering part of the plan, and any in $ 903.1 and approved by such State, project grantee under the Act are subin accordance with its approved State ject to audit by the Office of Audit of plan, prior to the end of such year or, in the Department to determine whether

penditures have been made in accord PART 905-TRAINING PROJECTS ance with the Act and this part.

PURPOSE 8 904.13 Publications, copyrights, and Sec. inventions.

905.1 Purpose. (a) Publications. Grantees under this

GRANTS part may publish results of any proj 905.2 Eligibility. ects without prior review by the Ad 905.3 Application. ministration on Aging, provided that

905.4 Nondiscrimination and civil rights. such publications carry a footnote ac

905.5 Project review.

905.6 Grant awards. knowledging assistance received under

905.7 Payments. the Act, and that the claimed findings

905.8 Termination. and conclusions do not necessarily re 905.9 Reports. flect the views of the Administration on 905.10 Project expenditures. Aging, and provided that copies of the 905.11 Interest. publication are furnished to the Ad 905.12 Audits. ministration on Aging.

905.13 Publications, copyrights, inventions (b) Copyright. Where the grant

and training materials. supported activity results in a book or

CONTRACTS other copyrightable material, the au 905.14 Contracts. thor is free to copyright, but the Ad

AUTHORITY: The provisions of this part ministration on Aging reserves a royalty 905 issued under secs. 101-603, 79 Stat. 218free, nonexclusive, and irrevocable li 226; 42 U.S.C. secs. 3001-3053. cense to reproduce, publish, translate, or

SOURCE: The provisions of this Part 905 apotherwise use, and to authorize others

pear at 30 F.R. 13260, Oct. 19, 1965, unless to use, all copyrightable or copyrighted otherwise noted. material resulting from the grant-sup

PURPOSE ported activity.

(c) Inventitons. Any invention aris 905.1 Purpose. ing out of the grant-supported activity

The Secretary is authorized to make shall be promptly and fully reported to

grants or enter into contracts to meet the Administration on Aging. Owner

in whole or in part the costs of the ship and the manner of disposition shall

specialized training of professional and be determined by the Secretary in ac

technical persons employed or preparcordance with Department patent regu ing for employment in carrying out prolations and policy.

grams related to the purposes of this Act. CONTRACTS

GRANTS $ 904.14 Contracts.

$ 905.2 Eligibility. (a) Eligibility. The Secretary is au

The Secretary, after consulting with thorized to make contracts to carry out

the designated State agency, is authorthe purposes of this part with any public

ized to make grants to any public or nonor private nonprofit agency, organiza

profit private agency, organization, or tion or institution (except Federal agen

institutions (except Federal agencies cies and institutions), or with any in

and institutions) for paying in whole or dividual, after consulting with the

part the costs of projects designed to designated State agency.

carry out the purposes of this part. (b) Provisions. Any contract under this part shall be entered into in accord $ 905.3 Application. ance with and shall conform to all ap

Any applicant eligible for a grant plicable laws, regulations and Depart award under $ 905.2 may file application ment policy.

therefor with the Secretary on such (c) Payments. Payments may be forms and in such detail as the Secremade in advance or by way of reimburse

tary may prescribe. Such application ment, and in such installments and on such conditions, as the Secretary may

shall set forth adequately the nature,

duration, purpose and plan of the projdetermine. To the extent he deems it appropriate, the Secretary shall require

ect, the qualifications of the principal the contractor to contribute money,

staff members to be responsible for the facilities, or services for carrying out prɔject, the total facilities and resources the project for which the contract was that will be available, a justification of made.

the amount of the requested grant, and

such other pertinent information as the Secretary may require. The application shall be executed by an individual authorized to act for the applicant and to assume on behalf of the applicant the obligations imposed by the terms and conditions of any award, including the regulations of this part. $ 905.4 Nondiscrimination and civil

rights. Attention is called to the requirements of Title VI of the Civil Rights Act of 1964. Section 601 provides that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. section 2000d). The regulation implementing such Title VI has been issued by the Secretary with the approval of the President (Part 80 of this title) and is applicable to Federal financial assistance extended under this part. $ 905.5 Project review.

Completed applications will be processed by the Administration on Aging for submission to a Technical Advisory Committee composed of persons appointed by the Secretary. The applicant may be requested to submit additional information either before or after consideration of the project by the Technical Advisory Committee. All projects which meet the legal requirements for a grant are submitted to the Technical Advisory Committee which makes recommendations to the Secretary. The Secretary then determines the action to be taken with respect to each project and notifies the applicant accordingly. $ 905.6 Grant awards.

Within the limits of funds available for such purpose, the Secretary will award a grant to those applicants whose approved projects will in his judgment best promote the purposes of the Act and this part. All grant awards shall be in writing, shall set forth the amount of funds granted, and shall constitute for such amounts the encumbrance of Federal funds available for such purpose on the date of the award. The initial award shall also specify the project period for which support is contemplated if the activity is satisfactorily carried out and Federal funds are available. For con

tinuation support, grantees must make separate application in accordance with the provisions of this part. $ 905.7 Payments.

(a) To the extent he deems it appropriate, the Secretary shall require the recipients of any grant under this part to contribute money, facilities, or services for carrying out the project.

(b) The Secretary shall from time to time make payments to a grantee of all or a portion of any grant award, either in advance or by way of reimbursement for expenses to be incurred or incurred in the project period, to the extent he determines such payments necessary to promote prompt initiation and advancement of the approved project. All such payments shall be recorded by the grantee in accounting records separate from all other fund accounts, including funds derived for other grant awards. Amounts paid shall be available for expenditure by the grantee in accordance with the regulations of this part throughout the project period subject to such limitations as the Secretary may prescribe. & 905.8 Termination.

A grant may be terminated in whole or in part at any time at the discretion of the Secretary. Noncancellable obligations properly incurred prior to the receipt of the notice of termination will be honored. The grantee shall be promptly notified of such termination in writing and given the reasons therefor. $ 905.9 Reports.

The grantee shall make such reports to the Secretary in such form and containing such information as may reasonably be necessary to enable him to perform his functions under this part and shall keep such records and afford such access thereto as the Secretary may find necessary to assure the correctness and verification of such reports. $ 905.10 Project expenditures.

Grants under this part will be available for the following types of expenditures for approved projects:

(a) Salaries, stipends, cost of travel and related expenses of project personnel;

(b) Necessary supplies, equipment, and related expenses;

(c) Costs of administration and other Indirect costs of the project, subject to

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