Page:United States Statutes at Large Volume 101 Part 1.djvu/987

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PUBLIC LAW 100-000—MMMM. DD, 1987

PUBLIC LAW 100-175—NOV. 29, 1987

101 STAT. 957

priated for such fiscal year to carry out this title (other than sections 427 and 428), title III (other than sections 306(a)(6)(P), 307(a)(12), and 311, and parts E, F, and G), title V, and title VI exceeds 105 percent of the aggregate amount appropriated for the preceding fiscal year to carry out such titles.".

PART D—COMMUNITY SERVICE EMPLOYMENT SEC. 161. ADMINISTRATIVE COSTS OF EMPLOYMENT PROJECTS.

Section 502(c)(3) of the Older Americans Act of 1965 (42 U.S.C. 3056(c)(3)) is amended to read as follows: "(3) Of the amount for any project to be paid by the Secretary under this subsection, not more than 13,5 percent for fiscal year 1987 and each fiscal year thereafter shall be available for paying the costs of administration for such project, except that— "(A) whenever the Secretary determines that it is necessary to carry out the project assisted under this title, based on information submitted by the public or private nonprofit agency or organization with which the Secretary has an agreement under subsection 0^), the Secretary may increase the amount available for paying the cost of administration to an amount not more than 15 percent of the cost of such project; and "(B) whenever the public or private nonprofit agency or organization with which the Secretary has an agreement under subsection (b) demonstrates to the Secretary that— "(i) major administrative cost increases are being incurred in necessary program components, including liability insurance, payments for workers' compensation, costs associated with achieving unsubsidized placement goals, and other operation requirements imposed by the Secretary;

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"(ii) the number of employment positions in the project or the number of minority eligible individuals participating in ~ • the project will decline if the amount available for paying the cost of administration is not increased; or f "(iii) the size of the project is so small that the amount of administrative expenses incurred to carry out the project necessarily exceed 13.5 percent of the amount for such project; the Secretary shall increase the amount available for the fiscal year for paying the cost of administration to an amount not more than 15 percent of the cost of such project.". SEC. 162. COMMUNITY SERVICE EMPLOYMENT SPECIAL NEEDS ASSURANCE. (a) PROGRAM ASSURANCE.—Section 502(b)(l)(M) of the Older

Americans Act of 1965 (42 U.S.C. 3056(b)(l)(M)) is amended to read as follows: "(M) will assure, that to the extent feasible, such project will serve the needs of minority, limited English-speaking, and Indian eligible individuals in proportion to their numbers in the State and take into consideration their rates of poverty and unemployment;". (b) RESERVATION OF FUNDS.—Section 506(a)(1)(A) of the Older Americans Act of 1965 (42 U.S.C 3056d(a)(l)(A)) is amended by inserting after the first sentence the following: "Beginning with the first fiscal year in which the amount appropriated to carry out this

Minorities. Indians.

Grants. Contracts. Indians.