Page:United States Statutes at Large Volume 104 Part 5.djvu/991

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PUBLIC LAW 101-625—NOV. 28, 1990 104 STAT. 4313 (E) LIMITATION.—For purposes of complying with the requirement under subparagraph (A)(i), the appropriate Secretary concerned may not consider any amounts contributed or provided by any local government to any State receiving assistance under this section that exceed 10 percent of the amount required of the State under subparagraph (A)(i). (2) CONSULTATION. — The Secretary shall consult with the Secretary of Health and Human Services regarding the availability of assistance from other Federal programs to support services under this section and shall laake information available to applicants for assistance under this section, (j) MISCELLANEOUS PROVISIONS. — (1) USE OF RESIDENTS IN PROVIDING SERVICES. —Each housing project that receives assistance under this section shall, to the maximum extent practicable, utilize the elderly and persons with disabilities who are residents of the housing project, but who are not eligible project residents, to participate in providing the services provided under congregate services programs under this section. Such individuals shall be paid wages that shall not be lower than the higher of^ (A) the minimum wage that would be applicable to the employee under the Fair Labor Standards Act of 1938, if section 6(a)(l) of such Act applied to the resident and if the resident were not exempt under section 13 of such Act; (B) the State of local minimum wage for the most nearly comparable covered employment; or (C) the prevailing rates of pay for persons employed in similar public occupations by the same employer. (2) EFFECT OF SERVICES. —Except for wages paid under paragraph (1) of this subsection, services provided to a resident of an eligible housing project under a congregate services program under this section may not be considered as income for the purpose of determining eligibility for or the amount of assistance or aid furnished under any Federal, federally assisted, or State program bsised on need. (3) ELIGIBILITY AND PRIORITY FOR 1978 ACT RECIPIENTS. —Notwithstanding any other provision of this section, any public housing agency, housing assisted under section 202 of the Housing Act of 1959, or nonprofit corporation that was receiving assistance under a contract under the Congregate Housing Services Act of 1978 on the date of the enactment of this section shall (subject to approval and allocation of sufficient amounts under the Congregate Housing Services Act of 1978 and appropriations Acts under such Act) receive assistance under the Congregate Housing Services Act of 1978 for the remainder of the term of the contract for assistance for such agency or corporation under such Act, and shall receive priority for assistance under this section after the expiration of such period. (4) ADMINISTRATIVE COST LIMITATION.— A recipient of assistance under this section may not use more than 10 percent of the sum of such assistance and the contribution amounts required under subsection (i)(l)(A)(i) for administrative costs and shall ensure that any entity to which the recipient distributes amounts from such sum may not expend more than a reasonable amount from such distributed amounts for administrative