March 10, 2003

	PROGRAM INSTRUCTION

	AoA-PI-03-04

TO			:	STATE AGENCIES ON AGING ADMINISTERING PLANS UNDER TITLE III OF THE OLDER AMERICANS ACT, AS AMENDED 

SUBJECT		:	Certification on Maintenance of Effort for Title III - Fiscal Year 2002

LEGAL AND RELATED

  REFERENCES	:	45 CFR 1321.49; and Section 309(c) of the Older Americans Act, as Amended

This program instruction requests the authorized official in each state agency on aging to submit a certification on maintenance of effort under Title III of the Older Americans Act for fiscal year 2002.  As set forth in 45 CFR 1321.49, the state agency maintenance of effort level is to be determined annually:

	"In order to avoid a penalty, each fiscal year the State Agency, to meet the required nonfederal share applicable to its allotments under this part, shall spend under the State plan for both services and administration at least the average amount of state funds it spent under the plan for the three previous fiscal years.  If the State Agency spends less than this amount, the Assistant Secretary reduces the State's allotments for supportive and nutrition services under this part by a percentage equal to the percentage by which the State reduced its expenditures."

In reporting the amount of state expenditures for the maintenance of effort requirement, states may include expenditures incurred under the cost allocation plan for the state agency.

The authorized official in each state agency is requested to certify to the Administration on Aging the amount of state resources expended in fiscal year 2002 to meet the maintenance of effort requirements under Title III of the Older Americans Act, and whether that amount was or was not equal to the required maintenance of effort level.

Attached is a certification form which has been approved by the Office of Management and Budget (OMB).  The certification form must be signed by the authorized state agency official and submitted to the Regional Administrators, Administration on Aging, no later than April 30, 2003.

DUE DATE			:	Due April 30, 2003 to Regional Administrators, Administration on Aging.

ATTACHMENT		:	Certification of Maintenance of Effort Form OMB-0980-0009 

INQUIRIES			:	State agencies should address inquiries to Regional Administrators, Administration on Aging, HHS Regional Offices.

						                                         					Josefina G. Carbonell 

						Assistant Secretary for Aging

DATE		:

TO		:  Regional Administrators on Aging

		   Regions I - X

FROM		:  Director

		   Grants Management Division

		SUBJECT	:  Title III - FY 2002 Certification of States'                  Maintenance of Effort

	(GMD) 03-02		  	

The purpose of this memorandum is to request Regional Administrators to submit States' certifications on maintenance of effort for FY 2002 to Office of Grants Management by 

May 30, 2003. The attached Program Instruction, AoA-PI-03-0 dated,             requested States to provide AoA Regional Administrators with their certification forms by April 30, 2003.

Each certification statement must include:  (1) the amount of State resources expended in Fiscal Year 2002 to meet the required non-Federal share; (2) whether the amount was less than, equal to, or more than the required level of maintenance of effort; and (3) the signature of the authorized State Agency on Aging official.

After appropriate review, please mail the certification statements to the Office of Grants Management. 

	Margaret A. Tolson