**Subject**:Non-Supplantation of Funding Provision in Title VII

**Inquiry Source**:AoA Regional Offices

**Stat. & Reg.**

**Basis**:OAA Sections 705(a)(4) and 307(a)(21)

**Key Words**:Title VII Non-Supplantation Provision

**ADDRIS Code**:

**Question**:What is the intent of the non-supplantation provision in Section 705(a)(4)?

**Response**:The intent of the Title VII non-supplantation provision in Section 705(a)(4) is that States use funds made available for any chapter under Subtitle B of Title VII to supplement and be spent in addition to, and not supplant, any funds that are expended under any Federal or State law in existence on the day before the date of the enactment of Subtitle B, to carry out the vulnerable elder rights protection activities described in the chapter.  In other words, a State may not use Federal Title VII funds to supplant, replace, or in substitution for, any other Federal or State funding which the State expends pursuant to State or Federal laws which were in effect on or before September 29, 1992, which was one day before the date of enactment of Subtitle B.

To implement this requirement, the State, in its Elder Rights plan, must provide assurance that it will use funds made available for a chapter under Title VII, Subtitle B, in addition to, and will not supplant with Title VII funding, any funds that are expended under any Federal or State law in existence on or before September 29, 1992; such assurance shall include an itemized statement showing the amounts expended pursuant to State and Federal laws in existence on or before Steptember 29, 1992, and showing the Title VII monies expended.

Money that is now available under Title VII which was previously under Title III as budget line items in the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriation Acts for FY 1991 and 1992 is to be considered a Title VII expenditure and not a Title III expenditure, as these monies were transferred from Title III to Title VII beginning in FY 1993.

**Discussion**:This is one of two PCR's regarding ombudsman and Title VII funding levels which, while addressing different issues, should be considered in tandem.  PCR-94-11 discusses the ombudsman maintenance of effort provisions in Sections 306(a)(11) and 307(a)(21) of the Act.  This PCR discusses the Title VII non-supplantation provision, which applies to all four chapters of Title VII, not just the ombudsman chapter.

The maintenance of effort provision means that the amount spent by a State on its ombudsman program in FY 1991, plus the increase in funding provided for ombudsman activities in each fiscal year under Title VII, must be the minimum amount spent by the State on its ombudsman program in subsequent years.  The non-supplantation provision means that funds received under the new Title VII may not be used to pay for what is already being provided by the State under any Federal or State law which has been in existence since on or before September 29, 1992 to conduct activities described in any of the four chapters under Title VII, Subtitle B.

                 _______________Fernando M. Torres-GilDate

Assistant Secretary for Aging