42 U.S.C. § 3020a — Application of other laws; costs of

Page 5707 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3020a Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by section 708(a)(2)(A) and (c)(2) of Pub. L. 102–375 inapplicable with respect to fiscal year 1993, see section 4(b) of Pub. L. 103–171, set out as a note under section 3001 of this title. Amendment by section 708(a)(2)(A) and (c)(2) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(6) of Pub. L. 102–375, set out as a note under section 3001 of this title. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–175 effective Oct. 1, 1987, except not applicable with respect to any area plan sub- mitted under section 3026(a) of this title or any State plan submitted under section 3027(a) of this title and approved for any fiscal year beginning before Nov. 29, 1987, see section 701(a), (b) of Pub. L. 100–175, set out as a note under section 3001 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–459 effective Oct. 9, 1984, see section 803(a) of Pub. L. 98–459, set out as a note under section 3001 of this title. § 3019. Joint funding of projects Pursuant to regulations prescribed by the President, and to the extent consistent with the other provisions of this chapter, where funds are provided for a single project by more than one Federal agency to any agency or organization assisted under this chapter, 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 require- ment may be established according to the pro- portion of funds advanced by each Federal agen- cy, and any such agency may waive any tech- nical 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. (Pub. L. 89–73, title II, § 208, formerly § 209, as added Pub. L. 93–29, title II, § 201(c), May 3, 1973, 87 Stat. 35; renumbered § 208, Pub. L. 97–115, § 2(e)(2), Dec. 29, 1981, 95 Stat. 1596.) Editorial Notes PRIOR PROVISIONS A prior section 208 of Pub. L. 89–73 was renumbered section 207 and is classified to section 3018 of this title. Provisions similar to those comprising this section were contained in Pub. L. 89–73, title VIII, § 805, for- merly title VII, § 705, as added Pub. L. 91–69, § 13, Sept. 17, 1969, 83 Stat. 114; renumbered title VIII, § 805, Pub. L. 92–258, § 1, Mar. 22, 1972, 86 Stat. 88, which was classi- fied to section 3055 of this title, prior to repeal by Pub. L. 93–29, § 202. § 3020. Advance funding (a) For the purpose of affording adequate no- tice of funding available under this chapter, ap- propriations under this chapter 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 ad- vance funding method of timing appropriation action, subsection (a) shall apply notwith- standing 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 cur- rent fiscal year and one for the succeeding fiscal year. (Pub. L. 89–73, title II, § 209, formerly § 210, as added Pub. L. 93–29, title II, § 201(c), May 3, 1973, 87 Stat. 36; renumbered § 209 and amended Pub. L. 97–115, § 2(e)(2), (i), Dec. 29, 1981, 95 Stat. 1596.) Editorial Notes PRIOR PROVISIONS A prior section 209 of Pub. L. 89–73 was renumbered section 208 and is classified to section 3019 of this title. AMENDMENTS 1981—Subsec. (b). Pub. L. 97–115, § 2(i), substituted ‘‘subsection (a) shall apply’’ for ‘‘the amendment made by subsection (a) shall apply’’. § 3020a. Application of other laws; costs of projects under this chapter not treated as in- come or benefits under other laws (a) The provisions and requirements of chapter 71 of title 31 shall not apply to the administra- tion of the provisions of this chapter or to the administration of any program or activity under this chapter. (b) No part of the costs of any project under any subchapter of this chapter may be treated as income or benefits to any eligible individual (other than any wage or salary to such indi- vidual) for the purpose of any other program or provision of Federal or State law. (Pub. L. 89–73, title II, § 210, formerly § 211, as added Pub. L. 94–135, title I, § 102, Nov. 28, 1975, 89 Stat. 713; amended Pub. L. 95–478, title I, § 102(h), Oct. 18, 1978, 92 Stat. 1515; renumbered § 210 and amended Pub. L. 97–115, § 2(e)(2), (j), Dec. 29, 1981, 95 Stat. 1596.) Editorial Notes CODIFICATION In subsec. (a), ‘‘chapter 71 of title 31’’ substituted for ‘‘the Act of December 5, 1974 (Public Law 93–510; 88 Stat. 1604) [42 U.S.C. 4251 et seq.]’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first sec- tion of which enacted Title 31, Money and Finance. PRIOR PROVISIONS A prior section 210 of Pub. L. 89–73 was renumbered section 209 and is classified to section 3020 of this title. AMENDMENTS 1981—Subsec. (a). Pub. L. 97–115, § (2)(j), struck out ‘‘and section 1469a of title 48’’ after ‘‘chapter 52A of this chapter’’. 1978—Subsec. (a). Pub. L. 95–478, § 102(h)(1), (2), des- ignated existing provisions as subsec. (a) and provided for nonapplication of provisions relating to Congres- sional declaration of policy respecting ‘‘Insular Areas’’. Subsec. (b). Pub. L. 95–478, § 102(h)(1), added subsec. (b). Page 5708 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3020b Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–478 effective at close of Sept. 30, 1978, see section 504 of Pub. L. 95–478, set out as a note under section 3001 of this title. § 3020b. Reduction of paperwork In order to reduce unnecessary, duplicative, or disruptive demands for information, the Assist- ant Secretary, in consultation with State agen- cies and other appropriate agencies and organi- zations, shall continually review and evaluate all requests by the Administration for informa- tion under this chapter and take such action as may be necessary to reduce the paperwork re- quired under this chapter. The Assistant Sec- retary shall request only such information as the Assistant Secretary deems essential to carry out the objectives and provisions of this chapter and, in gathering such information, shall make use of uniform service definitions to the extent that such definitions are available. (Pub. L. 89–73, title II, § 211, formerly § 212, as added Pub. L. 95–478, title I, § 102(i), Oct. 18, 1978, 92 Stat. 1515; renumbered § 211, Pub. L. 97–115, § 2(e)(2), Dec. 29, 1981, 95 Stat. 1596; amended Pub. L. 98–459, title II, § 208, Oct. 9, 1984, 98 Stat. 1771; Pub. L. 102–375, title I, § 102(b)(1)(A), (9)(A), title IX, § 904(a)(9), Sept. 30, 1992, 106 Stat. 1200, 1201, 1306; Pub. L. 103–171, §§ 2(6), 3(a)(13), Dec. 2, 1993, 107 Stat. 1988, 1990.) Editorial Notes PRIOR PROVISIONS A prior section 211 of Pub. L. 89–73 was renumbered section 210 and is classified to section 3020a of this title. AMENDMENTS 1993—Pub. L. 103–171 substituted ‘‘Assistant Sec- retary’’ for ‘‘Commissioner’’ wherever appearing and ‘‘State agencies’’ for ‘‘State agencies,’’. 1992—Pub. L. 102–375, § 904(a)(9), substituted ‘‘objec- tives’’ for ‘‘purposes’’ in last sentence. Pub. L. 102–375, § 102(b)(9)(A), struck out ‘‘designated under section 3025(a)(1) of this title’’ after ‘‘in consulta- tion with State agencies’’. Pub. L. 102–375, § 102(b)(1)(A), substituted ‘‘Adminis- tration’’ for ‘‘Administration on Aging’’. 1984—Pub. L. 98–459 inserted provision requiring the Commissioner, in gathering information, to make use of uniform service definitions to the extent that such definitions are available. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–459 effective Oct. 9, 1984, see section 803(a) of Pub. L. 98–459, set out as a note under section 3001 of this title. EFFECTIVE DATE Section effective at close of Sept. 30, 1978, see section 504 of Pub. L. 95–478, set out as an Effective Date of 1978 Amendment note under section 3001 of this title. § 3020c. Contracting and grant authority; private pay relationships; appropriate use of funds (a) In general Subject to subsection (b), this chapter shall not be construed to prevent a recipient of a grant or a contract under this chapter (other than subchapter IX) from entering into an agreement with a profitmaking organization for the recipient to provide services to individuals or entities not otherwise receiving services under this chapter, provided that— (1) if funds provided under this chapter to such recipient are initially used by the recipi- ent to pay part or all of a cost incurred by the recipient in developing and carrying out such agreement, such agreement guarantees that the cost is reimbursed to the recipient; (2) if such agreement provides for the provi- sion of 1 or more services, of the type provided under this chapter by or on behalf of such re- cipient, to an individual or entity seeking to receive such services— (A) the individuals and entities may only purchase such services at their fair market rate; (B) all costs incurred by the recipient in providing such services (and not otherwise reimbursed under paragraph (1)), are reim- bursed to such recipient; and (C) the recipient reports the rates for pro- viding such services under such agreement in accordance with subsection (c) and the rates are consistent with the prevailing mar- ket rate for provision of such services in the relevant geographic area as determined by the State agency or area agency on aging (as applicable); and (3) any amount of payment to the recipient under the agreement that exceeds reimburse- ment under this subsection of the recipient’s costs is used to provide, or support the provi- sion of, services under this chapter. (b) Ensuring appropriate use of funds An agreement described in subsection (a) may not— (1) be made without the prior approval of the State agency (or, in the case of a grantee under subchapter X, without the prior rec- ommendation of the Director of the Office for American Indian, Alaska Native, and Native Hawaiian Aging and the prior approval of the Assistant Secretary), after timely submission of all relevant documents related to the agree- ment including information on all costs in- curred; (2) directly or indirectly provide for, or have the effect of, paying, reimbursing, subsidizing, or otherwise compensating an individual or entity in an amount that exceeds the fair mar- ket value of the services subject to such agree- ment; (3) result in the displacement of services otherwise available to an older individual with greatest social need, an older individual with greatest economic need, or an older individual who is at risk for institutional placement; or (4) in any other way compromise, under- mine, or be inconsistent with the objective of serving the needs of older individuals, as de- termined by the Assistant Secretary. (c) Monitoring and reporting To ensure that any agreement described in subsection (a) complies with the requirements of this section and other applicable provisions of