PART 901-GENERAL

Nutrition program for the elderly.

901.3 Publications, films, copyrights, educational materials, and inventions. 901.4 Retention of records. 901.5 General administrative requirements. AUTHORITY: The provisions of this Part 901 issued under sec. 101 et seq., 79 Stat. 218–226, 81 Stat. 106-108, 82 Stat. 1101, 83 Stat. 108115; 42 U.S.C. 3001 et seq.

SOURCE: The provisions of this Part 901 appear at 35 F.R. 12516, Aug. 5, 1970, unless otherwise noted.

§ 901.1 Purposes of the Act.

In the Declaration of Objectives 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

138 FR 17225, June 29, 1973.

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 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, as amended (42 U.S.C. 3001 et seq.).

(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, unless the context otherwise requires, 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 any agency, institution or organization means an agency, institution, or organization which is, or is owned and operated by, one or more corporations or associations, no part of the net earnings of which inures, or may lawfully 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.

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

(j) "Single organizational unit" means the unit established 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.

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

(1) "State agency" means the single State agency established or designated as the sole agency for administering or

supervising the administration of the State plan.

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

§ 901.3 Publications, films, copyrights, educational materials, and inventions.

(a) Publications. Grantees under this chapter may publish results of any projects without prior review by the Administration on Aging: Provided, That such publications carry a footnote acknowledging assistance received under the Act, and that the claimed findings and conclusions do not necessarily reflect the views of the Administration on Aging, and provided that copies of the publication are furnished to the Administration on Aging.

(b) Films. Grantees cannot use grant funds to produce films intended for viewing by the general public without prior approval by the Administration on Aging.

(c) Copyrights. Where the grantsupported activity results in a book or other copyrightable material, the author is free to copyright, but the Administration on Aging reserves a royalty free nonexclusive, and irrevocable license to reproduce, publish, translate, or otherwise use, and to authorize others to use, all copyrightable or copyrighted materials resulting from the grant-supported activity.

(d) Educational materials. All educational materials arising out of the grant supported activity shall be available to the Secretary to reproduce, publish, translate, or otherwise use, and to authorize others to use.

D

Retention and Custodial Requirements

for Records.

903.63

903.64

H Standards for Grantee Financial Management Systems.

903.65

903.66

K Grant Payment Requirements.

M

Grant Closeout, Suspension, and Termi

903.67

nation.

O Property.

903.68

Q Cost Principles.

[39 FR 17912, May 21, 1974]

903.78

903.79

Designation of area agencies on
aging.

Organization of the area agency.
Staffing of the area agency.

Functions and responsibilities of
the area agency.

Direct provision of social services

by the area agency.

Public information.

Subpart G-Area Plans on Aging

Development of the area plan.

Conditions for approval of the area plan by the State agency. Implementation of the area plan. Training of personnel engaged in implementation of the area plan. Establishment or maintenance of information and referral sources. Federal financial participation of activities under an area plan. Duration of Federal support for activities under an area plan.

Subpart H-Initiation of Activities and Services Not Under Area Plans on Aging

Purposes for which awards may be made.

Eligibility of applicants.

Approval of awards.

903.97 Federal financial participation.

Subpart 1-Authorization and Allotments for Planning, Coordination, Administration, and Evaluation of State Plans

Authorizations.

Use of State planning funds for administering area plans.

903.107

903.108

903.109

Use of area planning monies on a Statewide basis.

903.110

Allotments to the State for plan

ning, coordination, administration, and evaluation of State plans.

903.111 Reallotment of funds for planning, coordination, administration, and evaluation of State plans.

§ 903.0

Transition provision.

(a) A State plan approved under this part shall remain in force and shall be subject to the provisions of this chapter until the approval of an amended State plan submitted after the publication of regulations implementing title III of the Act as amended by the Older Americans Comprehensive Services Amendments of 1973, but in no case may an existing State plan remain in force after May 3, 1974.

(b) Under a State plan remaining in force, States may continue Federal financial assistance for those activities permitted under such plan, except that with respect to the obligation of funds for area planning and social services activities, priority must be given to the establishment of new or the continuation of existing projects, which:

(1) Will contribute toward the achievement of the goals set forth in section 301 of the Act, as amended by Pub. L. 93-29;

(2) Will promote a smooth transition into the types of activities required under the new title iii of the Act, under which 80 percent of the State allotment for this purpose must be utilized in keeping with plans developed for high priority planning and service areas; and

(3) Are designed to meet a service need that has been identified either by

the State agency or as a result of local planning efforts conducted under title III of the Act.

(c) The Federal share of all costs under this authority must be in keeping with the matching provisions of title I of the Older Americans Act prior to its amendment by the Older Americans Comprehensive Services Amendments of

1973.

(Sec. 307, 87 Stat. 44 (42 U.S.C. 3021)) [39 FR 7790, Feb. 28, 1974]

§ 903.1

Subpart A-Purpose

Purpose of the program.

(a) It is the purpose of the program under title III of the Act to encourage and assist State and area agencies to concentrate resources in order to develop greater capacity and to foster the development of comprehensive and coordinated service systems to serve older persons.

(b) The systems are to be developed by the agencies' 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.

(c) The goals of the comprehensive and coordinated service systems are 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, including the provision of opportunities for employment and volunteer activities in the communities where older persons live.

(d) In order to achieve this purpose, the resources made available under title III shall be used to:

(1) Provide for the development and implementation by designated State and area agencies, in conjunction with other planners and service providers, and older consumers of service, of State and area plans which set forth specific program objectives and priorities for meeting the needs of the elderly with special attention being given to the needs of low income and minority older persons, and the older physically and mentally disabled;

(2) Increase the capability of State and area agencies to develop and implement action programs designed to