136
the State in which projects are proposed to be con-
ducted under such grant shall be afforded a reason-
able opportunity to submit to the Secretary—
‘‘(A) recommendations regarding the an-
ticipated effect of each such proposal upon the 
overall distribution of enrollment positions 
under this title in the State (including such dis-
tribution among urban and rural areas), taking 
into account the total number of positions to be 
provided by all grantees in the State; 
‘‘(B) any recommendations for redistribu-
tion of positions to underserved areas as vacan-
cies occur in previously encumbered positions in 
other areas; and 
‘‘(C) in the case of any increase in funding 
that may be available for use in the State under 
this title for the fiscal year, any recommenda-
tions for distribution of newly available posi-
tions in excess of those available during the pre-
ceding year to underserved areas. 
‘‘(6) DISRUPTIONS.—In developing a plan or 
considering a recommendation under this subsection, 
the Governor shall avoid disruptions in the provision 
of services for participants to the greatest possible 
extent.
137
‘‘(7) DETERMINATION; REVIEW.—
‘‘(A) DETERMINATION.—In order to effec-
tively carry out this title, each State shall make 
the State plan available for public comment. 
The Secretary, in consultation with the Assist-
ant Secretary, shall review the plan and make 
a written determination with findings and a de-
cision regarding the plan. 
‘‘(B) REVIEW.—The Secretary may review, 
on the Secretary’s own initiative or at the re-
quest of any public or private agency or organi-
zation or of any agency of the State, the dis-
tribution of projects and services under this 
title in the State, including the distribution be-
tween urban and rural areas in the State. For 
each proposed reallocation of projects or serv-
ices in a State, the Secretary shall give notice 
and opportunity for public comment. 
‘‘(8) EXEMPTION.—The grantees that serve eli-
gible individuals who are older Indians or Pacific Is-
land and Asian Americans with funds reserved under 
section 506(a)(3) may not be required to participate 
in the State planning processes described in this sec-
tion but shall collaborate with the Secretary to de-
velop a plan for projects and services to eligible indi-
138
viduals who are Indians or Pacific Island and Asian 
Americans, respectively. 
‘‘(b) COORDINATION WITH OTHER FEDERAL PRO-
GRAMS.—
‘‘(1) IN GENERAL.—The Secretary and the As-
sistant Secretary shall coordinate the program car-
ried out under this title with programs carried out 
under other titles of this Act, to increase employ-
ment opportunities available to older individuals. 
‘‘(2) PROGRAMS.—
‘‘(A) IN
GENERAL.—The Secretary shall 
coordinate programs carried out under this title 
with the program carried out under the Work-
force Investment Act of 1998 (29 U.S.C. 2801 
et seq.), the Community Services Block Grant 
Act (42 U.S.C. 9901 et seq.), the Rehabilitation 
Act of 1973 (29 U.S.C. 701 et seq.), the Carl 
D. Perkins Career and Technical Education Act 
of 2006 (20 U.S.C. 2301 et seq.), the National 
and Community Service Act of 1990 (42 U.S.C. 
12501 et seq.), and the Domestic Volunteer 
Service Act of 1973 (42 U.S.C. 4950 et seq.). 
The Secretary shall coordinate the administra-
tion of this title with the administration of 
other titles of this Act by the Assistant Sec-
139
retary to increase the likelihood that eligible in-
dividuals for whom employment opportunities 
under this title are available and who need serv-
ices under such titles receive such services. 
‘‘(B) USE OF FUNDS.—
‘‘(i) 
PROHIBITION.—Funds 
appro-
priated to carry out this title may not be 
used to carry out any program under the 
Workforce Investment Act of 1998, the 
Community Services Block Grant Act, the 
Rehabilitation Act of 1973, the Carl D. 
Perkins Career and Technical Education 
Act of 2006, the National and Community 
Service Act of 1990, or the Domestic Vol-
unteer Service Act of 1973. 
‘‘(ii) JOINT
ACTIVITIES.—Clause (i) 
shall not be construed to prohibit carrying 
out projects under this title jointly with 
programs, projects, or activities under any 
Act specified in clause (i), or from carrying 
out section 511. 
‘‘(3) INFORMATIONAL MATERIALS ON AGE DIS-
CRIMINATION.—The Secretary shall distribute to 
grantees under this title, for distribution to program 
participants, and at no cost to grantees or partici-
140
pants, informational materials developed and sup-
plied by the Equal Employment Opportunity Com-
mission and other appropriate Federal agencies that 
the Secretary determines are designed to help par-
ticipants identify age discrimination and to under-
stand their rights under the Age Discrimination in 
Employment Act of 1967 (29 U.S.C. 621 et seq.). 
‘‘(c) USE OF SERVICES, EQUIPMENT, PERSONNEL, 
AND FACILITIES.—In carrying out this title, the Secretary 
may use the services, equipment, personnel, and facilities 
of Federal and other agencies, with their consent, with or 
without reimbursement, and on a similar basis cooperate 
with other public and nonprofit private agencies and orga-
nizations in the use of services, equipment, and facilities. 
‘‘(d) PAYMENTS.—Payments under this title may be 
made in advance or by way of reimbursement and in such 
installments as the Secretary may determine. 
‘‘(e) NO DELEGATION OF FUNCTIONS.—The Sec-
retary shall not delegate any function of the Secretary 
under this title to any other Federal officer or entity. 
‘‘(f) COMPLIANCE.—
‘‘(1) MONITORING.—The Secretary shall mon-
itor projects for which grants are made under this 
title to determine whether the grantees are com-
plying with rules and regulations issued to carry out
141
this title (including the statewide planning, consulta-
tion, and coordination requirements of this title). 
‘‘(2) COMPLIANCE WITH UNIFORM COST PRIN-
CIPLES
AND
ADMINISTRATIVE
REQUIREMENTS.—
Each grantee that receives funds under this title 
shall comply with the applicable uniform cost prin-
ciples and appropriate administrative requirements 
for grants and contracts that are applicable to the 
type of entity that receives funds, as issued as circu-
lars or rules of the Office of Management and Budg-
et. 
‘‘(3) REPORTS.—Each grantee described in 
paragraph (2) shall prepare and submit a report in 
such manner and containing such information as the 
Secretary may require regarding activities carried 
out under this title. 
‘‘(4) RECORDS.—Each grantee described in 
paragraph (2) shall keep records that—
‘‘(A) are sufficient to permit the prepara-
tion of reports required by this title; 
‘‘(B) are sufficient to permit the tracing of 
funds to a level of expenditure adequate to en-
sure that the funds have not been spent unlaw-
fully; and