Washington : Government Printing Office
Although the economic well-being and prosperity of the United States have progressed to a level surpassing any achieved in world history, and although these benefits are widely shared throughout the Nation, poverty continues to be the lot of a substantial number of our people. The United States can achieve its full economic and social potential as a nation only if every individual has the opportunity to contribute to the full extent of his capabilities and to participate in the workings of our society. It is, therefore, the policy of the United States to eliminate the paradox of poverty in the midst of plenty in this Nation by opening to everyone the opportunity for education and training, the opportunity to work, and the opportunity to live in decency and dignity. It is the purpose of this chapter to strengthen, supplement, and coordinate efforts in furtherance of that policy.
It is the sense of the Congress that it is highly desirable to employ the resources of the private sector of the economy of the United States in all such efforts to further the policy of this chapter. (Pub. L. 88-452, § 2, Aug. 20, 1964, 78 Stat. 508; Pub. L. 89-794, title VI, § 614(b), Nov. 8, 1966, 80 Stat. 1472.)
For the purpose of carrying out programs under this chapter, (other than part C of subchapter I of this chapter), there is hereby authorized to be appropriated for the fiscal year ending June 30, 1968, the sum of $1,980,000,000, of which, subject to the provisions of section 2966 of this title, the amounts appropriated or made available by appropriation Act shall not exceed $295,000,000 for the purpose of carrying out the provisions of part A of subchapter I of this chapter, $476,000,000 for the purpose of carrying out part B of subchapter I of this chapter, $60,000,000 for the purpose of carrying out part D of subchapter I of this chapter, $950,000,000 for the purpose of carrying out subchapter II of this chapter, $20,000,000 for the purpose of carrying out part A of subchapter III of this chapter, $27,000,000 for the purpose of carrying out part B of subchapter III of this chapter, $10,000,000 for the purpose of carrying out section 2906b of this title, $70,000,000 for the purpose of carrying out part A of subchapter V of this chapter, $25,000,000 for the purpose of carrying out part B of subchapter V of this chapter, $16,000,000 for the purpose of carrying out subchapter VI of this chapter, and $31,000,000 for the purpose of carrying out subchapter VIII of this chapter, and there is authorized to be appropriated $2,180,000,000 for the fiscal year ending June 30, 1969. (Pub. L. 90-222, § 2, Dec. 23, 1967, 81 Stat. 672.)
(a) For the purpose of carrying out this chapter, there are hereby authorized to be appropriated $2,195,500,000 for the fiscal year ending June 30, 1970, and $2,295,500,000 for the fiscal year ending June 30, 1971.
(b) Notwithstanding any other provision of law, unless expressly in limitation of the provisions of this section, of the amounts appropriated pursuant to subsection (a) of this section for the fiscal year ending June 30, 1970, and for the next fiscal year, the Director shall for each such fiscal year reserve and make available not less than $328,900,000 for the purpose of local initiative programs authorized under section 2808 of this title, and the remainder of such amounts shall be allocated, subject to the provisions of section 2966 of this title, in such a manner that of such remaining amounts so appropriated for each fiscal year—
(1) $890,300,000 shall be for the purpose of carrying out parts A and B of subchapter I of
this chapter (relating to work and training programs);
(2) $46,000,000 shall be for the purpose of carrying out part D of subchapter I of this chapter (relating to special impact programs);
(3) $20,000,000 shall be for the purpose of carrying out part E of subchapter I of this chapter (relating to special work and career development programs);
(4) $811,300,000 shall be for the purpose of carrying out subchapter II of this chapter, of which 398,000,000 shall be for the Project Headstart program described in section 2809(a)(1) of this title, $90,000,000 shall be for the Follow Through program described in section 2809(a)(2) of this title, $58,000,000 shall be for the Legal Services program described in section 2809(a)(3) of this title, $80,000,000 shall be for the Comprehensive Health Services program described in section 2809(a)(4) of this title, $62,500,000 shall be for the Emergency Food and Medical Services program described in section 2809(a)(5) of this title, $15,000,000 shall be for the Family Planning program described in section 2809(a)(6) of this title, and $8,800,000 shall be for the Senior Opportunities and Services program described in section 2809(a)(7) of this title;
(5) $12,000,000 shall be for the purpose of carrying out part A of subchapter III of this chapter (relating to rural loans);
(6) $34,000,000 shall be for the purpose of carrying out part B of subchapter III of this chapter (relating to assistance for migrant and seasonal farmworkers);
(7) $16,000,000 shall be for the purpose of carrying out subchapter VI of this chapter (relating to administration and coordination); and
(8) $37,000,000 shall be for the purpose of carrying out subchapter VIII of this chapter (relating to VISTA).
If the amounts appropriated pursuant to subsection (a) of this section for any fiscal year are not sufficient to allocate the full amounts specified for each of the purposes set forth in clauses (1) through (8) of this subsection, then the amounts specified in each such clause shall be prorated to determine the allocations required for each such purpose.
(c) In addition to the amounts authorized to be appropriated pursuant to subsection (a) of this section, there are further authorized to be appropriated the following:
(1) $14,000,000 for the fiscal year ending June 30, 1971, to be used for the Special Impact programs described in part D of subchapter I of this chapter;
(2) $34,700,000 for the fiscal year ending June 30, 1971, to be used for the Special Work and Career Development programs described in part E of subchapter I of this chapter;
(3) $180,000,000 for the fiscal year ending June 30, 1971, to be used for the Project Headstart program described in section 2809(a)(1) of this title;
(4) $32,000,000 for the fiscal year ending June 30, 1971, to be used for the Legal Services program described in section 2809(a)(3) of this title;
(5) $80,000,000 for the fiscal year ending June 30, 1971, to be used for the Comprehensive Health Services program described in section 2809(a)(4) of this title;
(6) $112,500,000 for the fiscal year ending June 30, 1971, to be used for the Emergency Food and Medical Services program described in section 2809(a)(5) of this title;
(7) $15,000,000 for the fiscal year ending June 30, 1971, to be used for the Family Planning program described in section 2809(a)(6) of this title;
(8) $3,200,000 for the fiscal year ending June 30, 1971, to be used for the Senior Opportunities and Services program described in section 2809(a)(7) of this title;
(9) $15,000,000 for the fiscal year ending June 30, 1971, to be used for the program of assistance for migrant and seasonal farmworkers described in part B of subchapter III of this chapter; and
(10) $50,000,000 for the fiscal year ending June 30, 1971, to be used for Day Care projects described in part B of subchapter V of this chapter. (Pub. L. 91-177, title I, § 102, Dec. 30, 1969, 83 Stat. 827.)
The purpose of this part is to provide useful work and training opportunities, together with related services and assistance, that will assist low-income youths to continue or resume their education, and to help unemployed or low-income persons, both young and adult, to obtain and hold regular competitive employment, with maximum opportunities for local initiative in developing programs which respond to local needs and problems, and with emphasis upon a comprehensive approach which includes programs using both public and private resources to overcome the- complex problems of the most severely disadvantaged in urban and rural areas having high concentrations or proportions of unemployment, underemployment, and low income, (Pub. L. 88-452, title I, § 120, as added Pub. L. 90-222, title I, § 102, Dec. 23, 1967, 81 Stat. 683.)
(a) The Director shall designate or recognize community program areas for the purpose of planning and conducting comprehensive community work and training programs.
(b) For the purpose of this part, a community may be a city, county, multicity, or multicounty unit, an Indian reservation, or a neighborhood or other area (irrespective of boundaries or political subdivisions) which provides a suitable organizational base and possesses the commonality of interest needed for a comprehensive work and training program. The Director shall consult with the heads of other Federal agencies responsible for programs relating to community action, man-power services, physical and economic development, housing, education, health, and other community services to encourage the establishment of coterminous or complementary boundaries for planning purposes among those programs and comprehensive work and training programs assisted under this part.
(c) A comprehensive work and training program must seek to provide participants an unbroken sequence of services which will enable them to obtain and hold employment. It shall provide a systematic approach to planning and implementation including the linkage of relevant component programs authorized by this chapter with one another and with other appropriate public and private programs and activities. It shall also provide for evaluation. (Pub. L. 88-452, title I, § 121, as added Pub. L. 90-222, title I, § 102, Dec. 23, 1967, 81 Stat. 683.)
(a) Receipt of funds.
For each community program area, the Director shall recognize a public or private nonprofit agency which shall serve as the prime sponsor to receive funds under section 2740 of this title (except as otherwise provided in section 2740(c) of this title). This agency must be capable of planning, administering, coordinating, and evaluating a comprehensive work and training program.
(b) Planning and conduct of programs.
The prime sponsor shall provide for participation of employers and labor organizations in the planning and conduct of the comprehensive work and training programs.
(c) Delegate agencies.
The prime sponsor shall be encouraged to make use of publc and private organizations as delegate agencies to carry out components of the comprehensive work and training program, including without limitation agencies governed with the participation of the poor and other residents of the neighborhoods or rural areas served, educational institutions, the public employment service, the public welfare agency, other health and welfare agencies, private training institutions, and other capable public and private organizations.
(d) Participation of area residents and members of groups served.
The prime sponsor and delegate agencies shall provide for participation of residents of the area and members of the groups served in the planning, conduct, and evaluation of the comprehensive work and training program and its components. Such persons shall be provided maximum employment opportunity in the conduct of component programs, including opportunity for further occupational training and career advancement.
(e) Administrative controls.
The Director shall prescribe regulations to assure that programs under this part have adequate internal administrative controls, accounting requirements, personnel standards, evaluation procedures, and other policies as may be necessary to promote the effective use of funds. (Pub. L. 88-452, title I, § 122, as added Pub. L. 90-222, title I, § 102, Dec. 23, 1967, 81 Stat. 683.)
(a) Comprehensive work and training programs.
The Director may provide financial assistance in urban and rural areas for comprehensive work and training programs or components of such programs, including the following:
(1) programs to provide part-time employment, on-the-job training, and useful work experience for students from low-income families who are in the ninth through twelfth grades of school (or are of an age equivalent to that of students in such grades) and who are in need of the earnings to permit them to resume or maintain attendance in school;
(2) programs to provide unemployed, under-employed, or low-income persons (aged sixteen and over) with useful work and training (which must include sufficient basic education and institutional or on-the-job training) designed to assist those persons to develop their maximum occupational potential and to obtain regular competitive employment;
(3) special programs which involve work activities directed to the needs of those chronically unemployed poor who have poor employment prospects and are unable, because of age, lack of employment opportunity, or otherwise, to secure appropriate employment or training assistance under other programs, and which, in addition to other services provided, will enable such persons to participate in projects for the betterment or beautification of the community or area served by the program, including without limitation activities which will contribute to the management, conservation, or development of natural resources, recreational areas, Federal, State, and local government parks, high-ways, and other lands;
(4) special programs which provide unemployed or low-income persons with jobs leading to career opportunities, including new types of careers, in programs designed to improve the physical, social, economic, or cultural condition of the community or area served in fields including without limitation health, education, welfare, neighborhood redevelopment, and public safety, which provide maximum prospects for advancement and continued employment without Federal assistance, which give promise of contributing to the broader adoption of new methods of structuring jobs and new methods of providing job ladder opportunities, and which provide opportunities for further occupational training to facilitate career advancement;
(5) special programs which concentrate work and training resources in urban and rural areas having large concentrations or proportions of low-income, unemployed persons, and within those rural areas having substantial outmigration to urban areas, which are appropriately focused to assure that work and training opportunities are extended to the most severely disadvantaged persons who can reasonably be expected to benefit from such opportunities, and which are supported by specific commitments of cooperation from private and public employers;
(6) supportive and follow-up services to supplement work and training programs under this or other Acts including health services, counseling, day care for children, transportation assistance, and other special services necessary to assist individuals to achieve success in work and training programs and in employment;
(7) employment centers and mobile employment service units to provide recruitment, counseling, and placement services, conveniently located in urban neighborhoods and rural areas and easily accessible to the most disadvantaged;
(8) programs to provide incentives to private employers, other than nonprofit organizations, to train or employ unemployed or low-income persons, including arrangements by direct contract, reimbursements to employers for a limited period when an employee might not be fully productive, payment for on-the-job counseling and other supportive services, payment
of all or part of employer costs of sending recruiters into urban and rural areas of high concentrations or proportions of unemployed or low-income persons, and payments to permit employers to provide employees resident in such areas with transportation to and from work or to reimburse such employees for such transportation: Provided, That in making such reimbursements to employers the Director shall assure that the wages paid any employee shall not be less than the minimum wage which would be applicable to employment under the Fair Labor Standards Act of 1938 if section 6 of such Act applied to the employee and he was not exempt under section 13 thereof; and
(9) means of planning, administering, coordinating, and evaluating a comprehensive work and training program.
(b) Consolidation under prime sponsor.
Commencing July 1, 1968, all work and training component programs conducted in a community under this section shall be consolidated into the comprehensive work and training program and financial assistance for such components shall be provided to the prime sponsor unless the Director determines there is a good cause for providing an extension of time, except as otherwise provided by subsection (c). After that date, the work and training components of programs authorized by section 2922 of this title and by section 2610c of this title shall to the maximum extent feasible be linked to the comprehensive work and training program, including funding through the prime sponsor where appropriate.
(c) Financial assistance to other than prime sponsors.
The Director may provide financial assistance to a public agency or private organization other than a prime sponsor to carry out one or more component programs described in subsection (a) when he determines, after soliciting and considering comments of the prime sponsor, if any, that such assistance would enhance program effectiveness or acceptance on the part of persons served and would serve the purposes of this part. In the case of programs under subsection (a)(1) of this section, financial assistance may be provided directly to local or State educational agencies pursuant to agreements between the Director and the Secretary of Labor providing for the operation of such programs under direct grants or contracts. (Pub. L. 88-452, title I, § 123, as added Pub. L. 90-222, title I, § 102, Dec. 23, 1967, 81 Stat. 684.)
(a) Political, sectarian, or religious purposes; worker displacement; rates of pay; occupational development.
The Director shall not provide financial assistance for any program under this part unless he determines, in accordance with such regulations as he may prescribe, that—
(1) no participant will be employed on projects involving political parties, or the construction, operation, or maintenance of so much of any facility as is used or to be used for sectarian instruction or as a place for religious worship;
(2) the program will not result in the displacement of employed workers or impair existing contracts for services, or result in the substitution of Federal for other funds in connection with work that would otherwise be performed;
(3) the rates of pay for time spent in work-training and education, and other conditions of employment, will be appropriate and reasonable in the light of such factors as the type of work, geographical region, and proficiency of the participant; and
(4) the program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants.
(b) Membership in Communist Party.
The Director shall terminate financial assistance for any program under this part in any case in which he determines that any person charged, in whole or part, with the responsibility for the administration of the program is a member of the Communist Party.
(c) Use of improvements by low-income persons.
For programs which provide work and training related to physical improvements, preference shall be given to those improvements which will be substantially used by low-income persons and families or which will contribute substantially to amenities or facilities in urban or rural areas having high concentrations or proportions of low-income persons and families.
(d) Elimination of artificial barriers to employment and advancement.
Programs approved under this part shall, to the maximum extent feasible, contribute to the elimination of artificial barriers to employment and occupational advancement.
(e) Maximum use of Federal and private resources.
Projects under this part shall provide for maximum feasible use of resources under other Federal programs for work and training and the resources of the private sector.
(f) Age quotas in youth work and training programs.
In the case of a program under section 2740(a)(1) of this title, the Director shall not limit the number or percentage of the participants in the program who are fourteen or fifteen years of age. (Pub. L. 88-452, title I, § 124, as added Pub. L. 90 222, title, I, § 102, Dec. 23, 1967, 81 Stat. 686, and amended Pub. L. 90-575, title V, § 503, Oct. 16, 1968, 82 Stat. 1062.)
(a) Participants in programs under this part must be unemployed or low-income persons. The Director, in consultation with the Social Security Administrator, shall establish criteria for low income, taking into consideration family size, urban-rural and farm-nonfarm differences, and other relevant factors. Any individual shall be deemed to be from a low-income family if the family receives cash welfare payments.
(b) Participants must be permanent residents of the United States or of the Trust Territory of the Pacific Islands.
(c) Participants shall not be deemed Federal employees and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employment benefits. (Pub. L. 88-452, title I, § 125, as added Pub. L. 90-222, title I, § 102, Dec. 23, 1967, 81 Stat. 686.)
The Director shall provide that programs under this part shall be designed to deal with the incidence of long-term unemployment among persons fifty-five years and older. In the conduct of such programs, the Director shall encourage the employment
of such persons as regular, part-time, and short-time staff in component programs. (Pub. L. 88-452, title I, § 126, as added Pub. L. 90-222, title I, § 102, Dec. 23, 1967, 81 Stat. 686.)
(a) The Director may provide financial assistance to public or private organizations for pilot projects which are designed to develop new approaches to further the objectives of this part. Such projects may be conducted by public agencies or private organizations.
(b) The Director shall undertake pilot projects designed to encourage the maximum participation of private employers, other than nonprofit organizations, in work and training programs under this part.
(c) Before the Director may approve a pilot project, he shall solicit and consider comments on such project from the prime sponsor, if any, in the community where the project will be undertaken. (Pub. L. 88-452, title I, § 127, as added Pub. L. 90-222, title I, § 102, Dec. 23, 1967, 81 Stat. 687.)
The Director may provide (directly or through contracts or other appropriate arrangements) technical assistance to assist in the initiation or effective operation of programs under this part. He may also make arrangements for the training of instructors and other personnel needed to carry out work and training programs under this part and part D of this subchapter. He shall give special consideration to the problems of rural areas. (Pub. L. 88-452, title I, § 128, as added Pub. L. 90-222, title I, § 102, Dec. 23, 1967, 81 Stat. 687.)
The Director may provide financial assistance to appropriate State agencies to—
(1) provide technical assistance and training, as authorized by section 2745 of this title, with particular emphasis upon service to rural areas and for this purpose preference shall be given to the State agency which administers programs assisted by section 2824 of this title;
(2) assist in coordinating State activities related to this part;
(3) operate work and training programs in communities which have not yet established an acceptable prime sponsor; and
(4) provide work and training opportunities on State projects and in State agencies: Provided, That these opportunities shall be made available to participants in community work and training programs.
(Pub. L. 88-452, title I, § 129, as added Pub. L. 90-222, title I, § 102, Dec. 23, 1967, 81 Stat. 687.)
Of the sums appropriated or allocated for any fiscal year for programs authorized under this subchapter, the Director shall reserve not to exceed 20 per centum for the purpose of carrying out section 2740(a)(5) of this title but not more than 12 ½ per centum of the funds so reserved for any fiscal year shall be used within any one State. With respect to the remaining funds appropriated or allocated to carry out the provisions of section 2740 of this title, the Director shall establish criteria designed to achieve an equitable distribution of assistance among the States. In developing those criteria, he shall consider, among other relevant factors, the ratios of population, unemployment, and family income levels. (Pub. L. 88-452, title I, § 130, as added Pub. L. 90-222, title I, § 102, Dec. 23, 1967, 81 Stat. 687.)
Federal financial assistance to any program or activity carried out pursuant to section 2740 of this title shall not exceed 90 per centum of the cost of such program or activity, including costs of administration. The Director may, however, approve assistance in excess of that percentage if he determines, pursuant to regulations establishing objective criteria for such determinations, that this is necessary in furtherance of the purposes of this part. Non-Federal contributions may be in cash or in kind, fairly evaluated, including but not limited to plant, equipment, and services. If in any fiscal year, a community provides non-Federal contributions under this part exceeding its requirements under this section, such excess may be used to meet its requirements for such contributions under section 2812(c) of this title. (Pub. L. 88-452, title I, § 131, as added Pub. L. 90-222, title I, § 102, Dec. 23, 1967, 81 Stat. 687).
(a) The Director shall provide for the development and implementation of a program data system consistent with similar data systems for other relevant Federal programs. Such data shall be published periodically.
(b) The Director shall provide for the continuing evaluation of the programs under this part, including their effectiveness in achieving stated goals, their impact on related programs, and their structure and mechanisms for the delivery of services, and he shall arrange for obtaining the opinions of participants about the strengths and weaknesses of the programs. This evaluation shall include comparisons with proper control groups composed of persons who have not participated in such programs, and shall seek to develop comparative data on the costs and benefits of work and training programs authorized b this chapter and by other Acts, including the Manpower Development and Training Act of 1962. He may, for this purpose, contract for independent evaluations of such programs or individual projects. The results of such evaluations shall be included in the report required by section 2948 of this title.
(c) The Director shall develop and publish standards for evaluation of program effectiveness in achieving the objectives of this part. Such standards shall be considered in deciding whether to renew or supplement financial assistance provided by sections 2740, 2745 and 2746 of this title. (Pub. L. 88-452, title I, § 132, as added Pub. L. 90-222, title I, § 102, Dec. 23, 1967, 81 Stat. 688.)
(a) This subchapter provides for community action agencies and programs, prescribes the structure and describes the functions of community action agencies and authorizes financial assistance to community action programs and related projects and activities. Its basic purpose is to stimulate a better focusing of all available local, State, private, and Federal resources upon the goal of enabling low-income families, and low-income individuals of all ages, in rural and urban areas, to attain the skills, knowledge, and motivations
and secure the opportunities needed for them to become fully self-sufficient. Its specific purposes are to promote, as methods of achieving a better focusing of resources on the goal of individual and family self-sufficiency—
(1) the strengthening of community capabilities for planning and coordinating Federal, State, and other assistance related to the elimination of poverty, so that this assistance, through the efforts of local officials, organizations, and interested and affected citizens, can be made more responsive to local needs and conditions;
(2) the better organization of a range of services related to the needs of the poor, so that these services may be made more effective and efficient in helping families and individuals to overcome particular problems in a way that takes account of, and supports their progress in overcoming, related problems;
(3) the greater use, subject to adequate evaluation, of new types of services and innovative approaches in attacking causes of poverty, so as to develop increasingly effective methods of employing available resources;
(4) the development and implementation of all programs and projects designed to serve the poor or low-income areas with the maximum feasible participation of residents of the areas and members of the groups served, so as to best stimulate and take full advantage of capabilities for self-advancement and assure that those programs and projects are otherwise meaningful to and widely utilized by their intended beneficiaries; and
(5) the broadening of the resource base of programs directed to the elimination of poverty, so as to secure, in addition to the services and assistance of public officials, private religious, charitable, and neighborhood organizations, and individual citizens, a more active role for business, labor, and professional groups able to provide employment opportunities or otherwise influence the quantity and quality of services of concern to the poor.
(b) It is further declared to be the purpose of this subchapter and the policy of the Office of Economic Opportunity to provide for basic education, health care, vocational training, and employment opportunities in rural America to enable the poor living in rural areas to remain in such areas and become self-sufficient therein. It shall not be the purpose of this subchapter or the policy of the Office of Economic Opportunity to encourage the rural poor to migrate to urban areas, inasmuch as it is the finding of Congress that continuation of such migration is frequently not in the best interests of the poor and tends to further congest the already overcrowded slums and ghettos of our Nation's cities. (Pub. L. 88-452, title II, § 201, Aug. 20, 1964, 78 Stat. 516; Pub. L. 90-222, title I, § 104, Dec. 23, 1967, 81 Stat. 690.)
(a) Political subdivisions; public and private nonprofit agencies and organizations.
A community action agency shall be a State or political subdivision of a State (having elected or duly appointed governing officials), or a combination of such political subdivisions, or a public or private nonprofit agency or organization which has been designated by a State or such a political subdivision or combination of such subdivisions, which—
(1) has the power and authority and will perform the functions set forth in section 2795 of this title, including the power to enter into contracts with public and private nonprofit agencies and organizations to assist in fulfilling the purposes of this subchapter, and
(2) is determined to be capable of planning, conducting, administering and evaluating a community action program and is currently designated as a community action agency by the Director.
A community action program is a community based and operated program—
(1) which includes or is designed to include a sufficient number of projects or components to provide, in sum, a range of services and activities having a measurable and potentially major impact on causes of poverty in the community or those areas of the community where poverty is a particularly acute problem;
(2) which has been developed, and which organizes and combines its component projects and activities, in a manner appropriate to carry out all the purposes of this subchapter; and
(3) which conforms to such other supplementary criteria as the Director may prescribe consistent with the purposes and provisions of this subchapter.
(b) Administration.
Components of a community action program may be administered by the community action agency, where consistent with sound and efficient management and applicable law, or by other agencies. They may be projects eligible for assistance under this subchapter, or projects assisted from other public or private sources; and they may be either specially designed to meet local needs, or designed pursuant to the eligibility standards of a State or Federal program providing assistance to a particular kind of activity which will help in meeting those needs.
(c) Organizational base and commonality of interests.
For the purpose of this subchapter, a community may be a city, county, multicity, or multicounty unit, an Indian reservation, or a neighborhood or other area (irrespective of boundaries or political subdivisions) which provides a suitable organizational base and possesses the commonality of interest needed for a community action program. The Director shall consult with the heads of other Federal agencies responsible for programs relating to work and training programs, physical and economic development, housing, education, health, and other community services to encourage the establishment of coterminous or complementary boundaries for planning purposes among those programs and community action programs assisted under this subchapter.
(d) Designation of substitute community action agency.
The Director may designate and provide financial assistance to a public or private nonprofit agency as a community action agency in lieu of a community action agency designated under subsection (a) of this section for activities of the kind described in this subchapter where he determines (1) that the community action agency serving the community has failed, after having a reasonable opportunity to do so, to submit a satisfactory plan for a community action program which meets the criteria for approval set forth in this subchapter,
or to carry out such plan in a satisfactory manner, or (2) that neither the State nor any qualified political subdivision or combination of such subdivisions is willing to be designated as the community action agency for such community or to designate a public or private nonprofit agency or organization to be so designated by the Director.
(e) Self-exclusion of political subdivisions.
No political subdivision of a State shall be included in the community action program of a community action agency designated under section 2790(a) of this title if the elected or duly appointed governing officials of such political subdivision do not wish to be so included. Such political subdivision, and any public or private nonprofit organization or agency designated by it, shall be eligible for designation as a community action agency on the same basis as other political subdivisions and their designees.
(f) Indian reservations.
For the purposes of this subchapter, a tribal government of an Indian reservation shall be deemed to be a political subdivision of a State. (Pub. L. 88-452, title II, § 210, Aug. 20, 1964, 78 Stat. 519; Pub. L. 90-222, title I, § 104, Dec. 23, 1967, 81 Stat. 691.)
(a) Administration by community action boards.
Each community action agency which is a State or a political subdivision of a State, or a combination of political subdivisions, shall administer its program through a community action board which shall meet the requirements of subsection (b) of this section. Each community action agency which is a public or private nonprofit agency or organization designated by a State or political subdivision of a State, or combination of political subdivisions, or is an agency designated by the Director under section 2790(d) of this title, shall have a governing board which shall meet the requirements of subsection (b) of this section.
(b) Make-up of boards; membership; term of service.
Each board to which this subsection applies shall consist of not more than fifty-one members and shall be so constituted that (1) one-third of the members of the board are public officials, including the chief elected official or officials, or their representatives, unless the number of such officials reasonably available or willing to serve is less than one-third of the members are persons chosen in accordance with democratic selection procedures adequate to assure that they are representative of the poor in the area served, and (3) the remainder of the members are officials or members of business, industry, labor, religious, welfare, education, or other major groups and interests in the community. Each member of the board selected to represent a specific geographic area within a community must reside in the area he represents. No person selected under clause (2) or (3) of this subsection as a member of a board shall serve on such board for more than three consecutive years, or more than a total of six years.
(c) Neighborhood based organizations.
Where a community action agency places responsibility for major policy determinations with respect to the character, funding, extent, and administration of and budgeting for programs to be carried on in a particular geographic area within the community in a subsidiary board, council, or similar agency, such board, council, or agency shall be broadly representative of such area, subject to regulations of the director which assure adquate opportunity for membership of elected public officials on such board, council, or agency. Each community action agency shall be encouraged to make use of neighborhood-based organizations composed of residents of the area or members of the groups served to assist such agency in the planning, conduct, and evaluation of components of the community action program.
(d) Administrative standards and rules; quorum.
(1) The Director shall promulgate such standards or rules relating to the scheduling and notice of meetings, quorums (which shall be not less than 50 per centum of the total membership), procedures, establishment of committees, and similar matters as he may deem necessary to assure that boards which are subject to subsection (b) of this section provide a continuing and effective mechanism for securing broad, community involvement in programs assisted under this subchapter and that all groups or elements represented on those boards have a full and fair opportunity to participate in decisions affecting those programs. Such standards or rules shall not preclude any such board from appointing an executive committee or similar group, which fairly reflects the composition of the board, to transact the board's business between its meetings. The quorum requirements for any such committee or group, which shall not be less than 50 per cent of the membership, shall be established by the board.
(2) The Director shall require community action agencies to establish procedures under which community agencies and representative groups of the poor which feel themselves inadequately represented on the community action board or governing board may petition for adequate representation.
(e) Power of appointment; staff; determination of policies; program plans; priorities.
The powers of every community action agency governing board shall include the power to appoint persons to senior staff positions, to determine major personnel, fiscal, and program policies, to approve overall program plans and priorities, and to assure compliance with conditions of and approve proposals for financial assistance under this subchapter.
(f) Participation in program development and implementation; democratic selection procedures; participation of the poor; community involvement.
Each community action board referred to in the first sentence of subsection (a) of this section shall—
(1) have a full opportunity to participate in the development and implementation of all programs and projects designed to serve the poor or low-income areas with maximum feasible participation of residents of the areas and members of the groups served, so as to best stimulate and take full advantage of capabilities for self-advancement and assure that those programs and projects are otherwise meaningful to and widely utilized by their intended beneficiaries;
(2) have at least one-third of its members chosen in accordance with democratic selection procedures adequate to assure that they are representative of the poor in the area served;
(3) be so established and organized that the poor and residents of the area concerned will be enabled to influence the character of programs
affecting their interests and regularly participate in the planning and implementation of those programs; and
(4) be a continuing and effective mechanism for securing broad community involvement in the programs assisted under this subchapter.
(Pub. L. 88-452, title II, § 211, Aug. 20, 1964, 78 Stat. 519; Pub. L. 90-222, title 1, § 104, Dec. 23, 1967, 81 Stat. 693.)
(a) In order to carry out its overall responsibility for planning, coordinating, evaluating, and administering a community action program, a community action agency must have authority under its charter or applicable law to receive and administer funds under this subchapter, funds and contributions from private or local public sources which may be used in support of a community action program, and funds under any Federal or State assistance program pursuant to which a public or private nonprofit agency (as the case may be) organized in accordance with this part could act as grantee, contractor, or sponsor of projects appropriate for inclusion in a community action program. A community action agency must also be empowered to transfer funds so received, and to delegate powers to other agencies, subject to the powers of its governing board and its overall program responsibilities. This power to transfer funds and delegate powers must include the power to make transfers and delegations covering component projects in all cases where this will contribute to efficiency and effectiveness or otherwise further program objectives.
(b) In exercising its powers and carrying out its overall responsibility for a community action program, a community action agency shall have, subject to the purposes of this subchapter, at least the following functions:
(1) Planning systematically for and evaluating the program, including actions to develop information as to the problems and causes of poverty in the community, determine how much and how effectively assistance is being provided to deal with those problems and causes, and establish priorities among projects, activities and areas as needed for the best and most efficient use of resources.
(2) Encouraging agencies engaged in activities related to the community action program to plan for, secure and administer assistance available under this subchapter or from other sources on a common or cooperative basis; providing planning or technical assistance to those agencies; and generally, in cooperation with community agencies and officials, undertaking actions to improve existing efforts to attack poverty, such as improving day-to-day communication, closing service gaps, focusing resources on the most needy, and providing additional opportunities to low-income individuals for regular employment or participation in the programs or activities for which those community agencies and officials are responsible.
(3) Initiating and sponsoring projects responsive to needs of the poor which are not otherwise being met, with particular emphasis on providing central or common services that can be drawn upon by a variety of related programs, developing new approaches or new types of services that can be incorporated into other programs, and filling gaps pending the expansion or modification of those programs.
(4) Establishing effective procedures by which the poor and area residents concerned will be enabled to influence the character of programs affecting their interests, providing for their regular participation in the implementation of those programs, and providing technical and other support needed to enable the poor and neighborhood groups to secure on their own behalf available assistances from public and private sources.
(5) Joining with and encouraging business, labor, and other private groups and organizations to undertake, together with public officials and agencies, activities in support of the community action program which will result in the additional use of private resources and capabilities, with a view to such things as developing new employment opportunities, stimulating investment that will have a measurable impact in reducing poverty among residents of areas of concentrated poverty, and providing methods by which residents of those areas can work with private groups, firms, and institutions in seeking solutions to problems of common concern.
(Pub. L. 88-452, title II, § 212, as added Pub. L. 90-222, title I, § 104, Dec. 23, 1967, 81 Stat. 694.)
(a) Each community action agency shall observe, and shall (as appropriate) require or encourage other agencies participating in a community action program to observe, standards of organization, management and administration which will assure, so far as reasonably possible, that all program activities are conducted in a manner consistent with the purposes of this subchapter and the objective of providing assistance effectively, efficiently, and free of any taint of partisan political bias or personal or family favoritism. Each community action agency shall establish or adopt rules to carry out this section, which shall include rules to assure full staff accountability in matters governed by law, regulations, or agency policy. Each community action agency shall also provide for reasonable public access to information, including but not limited to public hearings at the request of appropriate community groups and reasonable public access to books and records of the agency or other agencies engaged in program activities or operations involving the use of authority or funds for which it is responsible. And each community action agency shall adopt for itself and other agencies using funds or exercising authority for which it is responsible, rules designed to establish specific standards governing salaries, salary increases, travel and per diem allowances, and other employee benefits; to assure that only persons capable of discharging their duties with competence and integrity are employed and that employees are promoted or advanced under impartial procedures calculated to improve agency performance and effectiveness; to guard against personal or financial conflicts of interests; and to define employee duties of advocacy on behalf of the poor in an appropriate manner which will in any case preclude employees from participating, in connection with the performance of their duties, in any form of picketing, protest, or other direct action which is in violation of law.
(b) The Director shall prescribe rules or regulations to supplement subsection (a) of this section, which shall be binding on all agencies carrying on community action program activities with financial assistance under this subchapter. He may,
where appropriate, establish special or simplified requirements for smaller agencies or agencies operating in rural areas. These special requirements shall not, however, affect the applicability of rules governing conflicts of interest, use of position or authority for partisan or nonpartisan political purposes or participation in direct action, regardless of customary practices or rules among agencies in the community. The Director shall consult with the heads of other Federal agencies responsible for programs providing assistance to activities which may be included in community action programs for the purpose of securing maximum consistency between rules or regulations prescribed or followed by those agencies and those prescribed under this section. (Pub. L. 88-452, title II, § 213, as added Pub. L. 90-222, title I, § 104, Dec. 23, 1967, 81 Stat. 695.)
Each community action agency shall encourage the establishment of housing development and services organizations designed to focus on the housing needs of low-income families and individuals. Such organizations shall provide the technical, administrative, and financial assistance which is required to help low-income families and individuals more effectively to utilize existing programs, and which is required to enable nonprofit, cooperative, and public sponsors more effectively to take advantage of existing Federal, State, and local mortgage insurance and housing assistance programs. Where appropriate, such organizations may be nonprofit housing development corporations. Such corporations may themselves become sponsors of housing under existing programs of specialized housing agencies, but under no circumstances shall such corporations insure mortgages or duplicate the long-term capital financing functions of programs now administered by the specialized housing agencies. Housing development and service organizations shall coordinate their efforts with other community action agency efforts so that any programs undertaken under authority of this section shall be closely related to other community action programs. (Pub. L. 88-452, title II, § 214, as added Pub. L. 90-222, title I, § 104, Dec. 23, 1967, 81 Stat. 696.)
(a) Component activities.
The Director may provide financial assistance to community action agencies for the planning, conduct, administration and evaluation of community action programs and components. Those components may involve, without limitation, other activities and supporting facilities designed to assist participants including the elderly poor—
(1) to secure and retain meaningful employment;
(2) to attain an adequate education;
(3) to make better use of available income;
(4) to provide and maintain adequate housing and a suitable living environment;
(5) to undertake family planning, consistent with personal and family goals, religious and moral convictions;
(6) to obtain services for the prevention of narcotics addiction, alcoholism, and the rehabilitation of narcotic addicts and alcoholics;
(7) to obtain emergency assistance through loans or grants to meet immediate and urgent individual and family needs, including the need for health services, nutritious food, housing, and employment-related assistance;
(8) to remove obstacles and solve personal and family problems which block the achievement of self-sufficiency;
(9) to achieve greater participation in the affairs of the community; and
(10) to make more frequent and effective use of other programs related to the purposes of this subchapter.
He may also provide financial assistance to other public or private nonprofit agencies to aid them in planning for the establishment of a community action agency.
(b) Use of agencies outside designated community action agencies.
If the Director determines that a limited purpose project or program involving activities otherwise eligible under this section is needed to serve needs of low-income families and individuals in a community and no community action agency has been designated for that community pursuant to section 2790 of this title, or where a community action agency gives its approval for such a program to be funded directly through a public or private nonprofit agency or organization, he may extend financial assistance for that project or program to a public or private nonprofit agency which he finds is capable of carrying out the project in an efficient and effective manner consistent with the purpose of this subchapter.
(c) Rules and regulations.
The Director shall prescribe necessary rules or regulations governing applications for assistance under this section to assure that every reasonable effort is made by each applicant to secure the views of local public officials and agencies in the community having a direct or substantial interest in the application and to resolve all issues of cooperation and possible duplication prior to its submission.
(d) Systematic planning and implementation processes.
After July 1, 1968, the Director shall require, as a condition of assistance, that each community action agency has adopted a systematic approach to the achievement of the purposes of this subchapter and to the utilization of funds provided under this part. Such systematic approach shall encompass a planning and implementation process which seeks to identify the problems and causes of poverty in the community, seeks to mobilize and coordinate relevant public and private resources, establishes program priorities, links program components with one another and with other relevant programs, and provides for evaluation. The Director may, however, extend the time for such requirement to take into account the length of time a program has been in operation. He shall also take necessary steps to assure the participation of other Federal agencies in support of the development and implementation of plans under this subsection.
(e) Establishment of binding national priorities prohibited.
In order to promote local responsibility and initiative, the Director shall not establish binding national priorities on funds authorized by this section, but he shall review each application for financial assistance on its merits. Before extending financial assistance to a new community action agency under this section, and in determining
the amount of and conditions on which such assistance shall be extended, the Director shall consider the extent and nature of poverty in the community and the probable capacity of the agency to carry out an effective program. In reviewing or supplementing financial assistance to a previously existing community action agency, he shall consider the progress made in carrying on programs by such agency. (Pub. L. 88-452, title II, § 221, as added Pub. L. 90-222, title I, § 104, Dec. 23, 1967, 81 Stat. 696.)
(a) In order to stimulate actions to meet or deal with particularly critical needs or problems of the poor which are common to a number of communities, the Director may develop and carry on special programs under this section. This authority shall be used only where the Director determines that the objectives sought could not be effectively achieved through the use of authorities under section 2808 of this title, including assistance to components or projects based on models developed and promulgated by him. It shall also be used only with respect to programs which (A) involve activities which can be incorporated into or be closely coordinated with community action programs, (B) involve significant new combinations of resources of new and innovative approaches, or (C) are structured in a way that will, within the limits of the type of assistance or activities contemplated, most fully and effectively promote the purposes of this subchapter. Subject to such conditions as may be appropriate to assure effective and efficient administration, the Director may provide financial assistance to public or private nonprofit agencies to carry on local projects initiated under such special programs; but he shall do so in a manner that will encourage, where feasible, the inclusion of the assisted projects in community action programs, with a view to minimizing possible duplication and promoting efficiencies in the use of common facilities and services, better assisting persons or families having a variety of needs, and otherwise securing from the funds committed the greatest possible impact in promoting family and individual self-sufficiency. Programs under this section shall include those described in the following paragraphs:
(1) A program to be known as "Project Headstart" focused upon children who have not reached the age of compulsory school attendance which (A) will provide such comprehensive health, nutritional, education, social, and other services as the Director finds will aid the children to attain their full potential, and (B) will provide for direct participation of the parents of such children in the development, conduct, and overall program direction at the local level. Pursuant to such regulations as the Director may prescribe, persons who are not members of low-income families may be permitted to receive services in projects assisted under this paragraph. A family which is not low income shall be required to make payment, or have payment made in its behalf, in whole or in part for such service where the family's income is, or becomes through employment or otherwise, such as to make such payment appropriate.
(2) A program to be known as "Follow Through" focused primarily upon children in kindergarten or elementary school who were previously enrolled in Headstart or similar programs and designed to provide comprehensive services and parent participation activities as described in paragraph (1), which the Director finds will aid in the continued development of children to the full potential. Funds for such program shall be transferred directly from the Director to the Secretary of Health, Education, and Welfare. Financial assistance for such projects shall be provided by the Secretary on the basis of agreements reached with the Director directly to local educational agencies except as otherwise provided by such agreements.
(3) A "Legal Services" program to further the cause of justice among persons living in poverty by mobilizing the assistance of lawyers and legal institutions and by providing legal advice, legal representation, legal counseling, education in legal matters, and other appropriate legal services. Projects involving legal advice and representation shall be carried on in a way that assures maintenance of a lawyer-client relationship consistent with the best standards of the legal profession. The Director shall make arrangements under which the State bar association and the principal local bar associations in the community to be served by any proposed project authorized by this paragraph shall be consulted and afforded an adequate opportunity to submit, to the Director, comments and recommendations on the proposed project before such project is approved or funded, and to submit, to the Director, comments and recommendations on the operations of such project, if approved and funded. No funds or personnel made available for such program (whether conducted pursuant to this section or any other section in this part) shall be utilized for the defense of any person indicted (or proceeded against by information) for the commission of a crime, exception in extraordinary circumstances where, after consultation with the court having jurisdiction, the Director has determined that adequate legal assistance will not be available for an indigent defendant unless such services are made available. Members of the Armed Forces, and members of their immediate families, shall be eligible to obtain legal services under such programs in cases of extreme hardship (determined in accordance with regulations of the Director issued after consultation with the Secretary of Defense): Provided, That nothing in this sentence shall be so construed as to require the Director to expand or enlarge existing programs or to initiate new programs in order to carry out the provisions of this sentence unless and until the Secretary of Defense assumes the cost of such services and has reached agreement with the Director on reimbursement for all such additional costs as may be incurred in carrying out the provisions of this sentence.
(4) A "Comprehensive Health Services" program which shall include—
(A) programs to aid in developing and carrying out comprehensive health services projects focused upon the needs of urban and rural areas having high concentrations or proportions of poverty and marked inadequacy of health services for the poor. These projects shall be designed—
(i) to make possible, with maximum feasible use of existing agencies and resources, the provision of comprehensive health
services, such as preventive medical, diagnostic, treatment, rehabilitation, family planning, narcotic addiction and alcoholism prevention and rehabilitation, mental health, dental, and followup services, together with necessary related facilities and services, except in rural areas where the lack of even elemental health services and personnel may require simpler, less comprehensive services to be established first; and
(ii) to assure that these services are made readily accessible to low-income residents of such areas, are furnished in a manner most responsive to their needs and with their participation and wherever possible are combined with, or included within, arrangements for providing employment, education, social, or other assistance needed by the families and individuals served: Provided, however, That such services may be made available on an emergency basis or pending a determination of eligibility to all residents of such areas.
Funds for financial assistance under this paragraph shall be allotted according to need, and capacity of applicants to make rapid and effective use of that assistance, and may be used, as necessary, to pay the full costs of projects. Before approving any project, the Director shall solicit and consider the comments and recommendations of the local medical associations in the area and shall consult with appropriate Federal, State, and local health agencies and take such steps as may be required to assure that the program will be carried on under competent professional supervision and that existing agencies providing related services are furnished all assistance needed to permit them to plan for participation in the program and for the necessary continuation of those related services; and
(B) Programs to provide financial assistance to public or private agencies for projects designed to develop knowledge or enhance skills in the field of health services for the poor. Such projects shall encourage both prospective and practicing health professionals to direct their talents and energies toward providing health services for the poor. In carrying out the provisions of this paragraph, the Director is authorized to provide or arrange for training and study in the field of health services for the poor. Pursuant to regulations prescribed by him, the Director may arrange for the payment of stipends and allowances (including travel and subsistence expenses) for persons undergoing such training and study and for their dependents. The Director and the Secretary of Health, Education, and Welfare shall achieve effective coordination of programs and projects authorized under this section with other related activities.
(5) A program to be known as "Emergency Food and Medical Services" designed to provide on an emergency basis, directly or by delegation of authority pursuant to the provisions of subchapter VI of this chapter, financial assistance for the provisions of such medical supplies and services, nutritional foodstuffs, and related services, as may be necessary to counteract conditions of starvation or malnutrition among the poor. Such assistance may be provided by way of supplement to such other assistance as may be extended under the provisions of other Federal programs, and may be used to extend and broaden such programs to serve economically disadvantaged individuals and families where such services are not now provided and without regard to the requirements of such laws for local or State administration or financial participation. In extending such assistance, the Director may make grants to community action agencies or local public or private nonprofit organizations or agencies to carry out the purposes of this paragraph. The director is authorized to carry out the functions under this paragraph through the Secretary of Agriculture and the Secretary of Health, Education, and Welfare in a manner that will insure the availability of such medical supplies and services, nutritional foodstuffs, and related services through a community action agency where feasible, or other agencies or organizations if no such agency exists or is able to administer programs to provide such foodstuffs, medical services, and supplies to needy individuals and families.
(6) A "Family Planning" program to provide assistance and services to low-income persons in the field of voluntary family planning, including the provision of information, medical assistance, and supplies. The Director and the Secretary of Health, Education, and Welfare shall coordinate, and assure a full exchange of information concerning, family planning projects within their respective jurisdictions in order to assure the maximum availability of services and in order best to meet the varying needs of different communities. The Secretary of Health, Education, and Welfare shall make the services of Public Health Service officers available to the Director in carrying out this program.
(7) A program to be known as "Senior Opportunities and Services" designed to identify and meet the needs of older, poor persons above the age of 60 in one or more of the following areas: development and provision of new employment and volunteer services; effective referral to existing health, welfare, employment, housing, legal, consumer, transportation, education, and recreational and other services; stimulation and creation of additional services and programs to remedy gaps and deficiencies in presently existing services and programs; modification of existing procedures, eligibility requirements and program structures to facilitate the greater use of, and participation in, public services by the older poor; development of all-season recreation and service centers controlled by older persons themselves; and such other activities and services as the Director may determine are necessary or specially appropriate to meet the needs of the older poor and to assure them greater self-sufficiency. In administering this program the Director shall utilize to the maximum extent feasible the services of the Administration of Aging in accordance with agreements with the Secretary of Health, Education, and Welfare.
(8) An "Alcoholic Counseling and Recovery" program designed to discover and treat the disease of alcoholism. Such program should be community based, serve the objective of the maintenance of the family structure as well as the recovery of the individual alcoholic, encourage the use of neighborhood facilities and the services of recovered alcoholics as counselors, and emphasize the reentry of the alcoholic into society rather than the institutionalization of
the alcoholic. Of the sums appropriated or allocated for programs authorized under this subchapter, the Director shall reserve and make available not less than $10,000,000 for the fiscal year ending June 30, 1970, and not less than $15,000,000 for the fiscal year ending June 30, 1971, for the purpose of carrying out this program.
(9) A "Drug Rehabilitation" program designed to discover the causes of drug abuse and addiction, to treat narcotic and drug addiction and the dependence associated with drug abuse, and to rehabilitate the drug abuser and drug addict. Such program should deal with the abuse or addiction resulting from the use of narcotic drugs such as heroin, opium, and cocaine, stimulants such as amphetamines, depressants, marihuana, hallucinogens, and tranquilizers. Such program should be community based, serve the objective of the maintenance of the family structure as well as the recovery of the individual drug abuser or addict, encourage the use of neighborhood facilities and the services of recovered drug abusers and addicts as counselors, and emphasize the reentry of the drug abuser and addict into society rather than his institutionalization. Of the sums appropriated or allocated for programs authorized under this subchapter, the Director shall reserve and make available not less than $5,000,000 for the fiscal year ending June 30, 1970, and not less than $15,000,000 for the fiscal year ending June 30, 1971, for the purpose of carrying out this program.
(b) Consistent with, and subject to, the provisions of sections 2823 and 2825(a), (b), and (c) of this title, programs under this section may include related training, research, and technical assistance, and funds allocated for this purpose may be allotted and used in the manner otherwise provided under this subchapter with respect to training, research, and technical assistance activities. (Pub. L. 88-152, title II, § 222, as added Pub. L. 90-222, title I, § 104, Dec. 23, 1967, 81 Stat. 698, and amended Pub. L. 90-575, title I, § 105(b), Oct. 16, 1968, 82 Stat. 1019; Pub. L. 91-177, title I, §§ 103-106, Dec. 30, 1969, 83 Stat. 828, 829.)
In the conduct of all component programs under this part, residents of the area and members of the groups served shall be provided maximum employment opportunity, including opportunity for further occupational training and career advancement. The Director shall encourage the employment of persons fifty-five years and older as regular, part-time and short-term staff in component programs. (Pub. L. 88-452, title II, § 223, as added Pub. L. 90-222, title I, § 104, Dec. 23, 1967, 81 Stat. 701.)
The Director shall encourage the development of neighborhood centers, designed to promote the effectiveness of needed services in such fields as health, education, manpower, consumer protecttion, child and economic development, housing, legal, recreation, and social services, and so organized (through a corporate or other appropriate framework) as to promote maximum participation of neighborhood residents in center planning, policymaking, administration, and operation. In addition to providing such services as may not otherwise be conveniently or readily available, such centers shall be responsive to such neighborhood needs, such as counseling, referral, follow-through, and community development activities, as may be necessary or appropriate to best assure a system under which existing programs are extended to the most disadvantaged, are linked to one another, are responsive and relevant to the range of community, family, and individual problems and are fully adapted to neighborhood needs and conditions. (Pub. L. 88-452, title II, § 224, as added Pub. L. 90-222, title I, § 104, Dec. 23, 1967, 81 Stat. 701.)
(a) Of the sums which are appropriated or allocated for assistance in the development and implementation of community action programs pursuant to section 2808 of this title, and for special program projects referred to in section 2809(a) of this title, and which are not subject to any other provision governing allotment or distribution, the Director shall allot not more than 2 per centum among Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Virgin Islands, according to their respective needs. He shall also reserve not more than 20 per centum of those sums for allotment in accordance with such criteria and procedures as he may prescribe. The remainder shall be allotted among the States, in accordance with the latest available data, so that equal proportions are distributed on the basis of (1) the relative number of public assistance recipients in each State as compared to all States, (2) the average number of unemployed persons in each State as compared to all States, and (3) the relative number of related children living with families with incomes of less than $1,000 in each State as compared to all States. That part of any State's allotment which the Director determines will not be needed may be reallotted, at such dates during the fiscal year as the Director may fix, in proportion to the original allotments, but with appropriate adjustments to assure that any amount so made available to any State in excess of its needs is similarly reallotted among the other States.
(b) The Director may provide for the separate allotment of funds for any special program referred to in section 2809(a) of this title. This allotment may be made in accordance with the criteria prescribed in subsection (a) of this section, or it may be made in accordance with other criteria which he determines will assure an equitable distribution of funds reflecting the relative incidence in each State of the needs or problems at which the program is directed, except that in no event may more than 12 ½ per centum of the funds for any one program be used in any one State.
(c) Unless otherwise provided in this part, financial assistance extended to a community action agency or other agency pursuant to sections 2808 and 2809(a) of this title, for the period ending June 30, 1967, shall not exceed 90 per centum of the approved cost of the assisted programs or activities, and thereafter shall not exceed 80 per centum of such costs. The Director may, however, approve assistance in excess of such percentages if he determines, in accordance with regulations establishing objective criteria, that such action is required in furtherance of the purposes of this subchapter. Non-Federal contributions may be in cash or in kind, fairly evaluated, including but not limited to plant equipment, or services. If in any fiscal year, a community provides non-Federal contributions under this subchapter exceeding its requirements under this section, such excess may be used to meet its requirements for such contributions under section 2748 of this title.
(d) No program shall be approved for assistance under sections 2808 and 2809(a) of this title unless the Director satisfies himself (1) that the services to be provided under such program will be in addition for and not in substitution for, services previously provided without Federal assistance, and (2) that funds or other resources devoted to programs designed to meet the needs of the poor within the community will not be diminished in order to provide any contributions required under subsection (c) of this section. The requirement imposed by the preceding sentence shall be subject to such regulations as the Director may adopt and promulgate establishing objective criteria for determinations covering situations where a strict application of that requirement would result in unnecessary hardship or otherwise be inconsistent with the purposes sought to be achieved. (Pub. L. 88-452, title II, § 225, as added Pub. L. 90-222, title I, § 104, Dec. 23, 1967, 81 Stat. 702.)
The Director may provide, directly or through grants or other arrangements, (1) technical assistance to communities in developing, conducting, and administering programs under this subchapter, and (2) training for specialized or other personnel which is needed in connection with those programs or which otherwise pertains to the purposes of this subchapter. Upon request of an agency receiving financial assistance under this subchapter, the Director may make special assignments of personnel to the agency to assist and advise it in the performance of functions related to the assisted activity; but no such special assignment shall be for a period of more than two years in the case of any agency. (Pub. L. 88-452, title II, § 230, as added Pub. L. 90-222, title I, § 104, Dec. 23, 1967, 81 Stat. 703.)
(a) The Director may provide financial assistance to State agencies designated in accordance with State law, to enable those agencies—
(1) to provide technical assistance to communities and local agencies in developing and carrying out programs under this subchapter;
(2) to assist in coordinating State activities related to this subchapter;
(3) to advise and assist the Director in developing procedures and programs to promote the participation of States and State agencies in programs under this subchapter; and
(4) to advise and assist the Director, the Economic Opportunity Council established by section 2973 of this title, and the heads of other Federal agencies, in identifying problems posed by Federal statutory or administrative requirements that operate to impede State level coordination of programs related to this subchapter, and in developing methods of recommendations for overcoming those problems.
(b) In any grants or contracts with State agencies, the Director shall give preference to programs or activities which are administered or coordinated by the agencies designated pursuant to subsection (a) of this section, or which have been developed and will be carried on with the assistance of those agencies.
(c) In order to promote coordination in the use of funds under this chapter and funds provided or granted by State agencies, the Director may enter into agreements with States or State agencies pursuant to which they will act as agents of the United States for purposes of providing financial assistance to community action agencies or other local agencies in connection with specific projects or programs involving the common or joint use of State funds and funds under this subchapter. (Pub. L. 88-452, title II, § 231, as added Pub. L. 90-222, title I, § 104, Dec. 23, 1967, 81 Stat. 703.)
(a) Development of new approaches and methods.
The Director may contract or provide financial assistance for pilot or demonstration projects conducted by public or private agencies which are designed to test or assist in the development of new approaches or methods that will aid in overcoming special problems or otherwise in furthering the purposes of this subchapter. He may also contract or provide financial assistance for research pertaining to the purposes of this subchapter.
(b) Development of overall plan.
The Director shall establish an overall plan to govern the approval of pilot or demonstration projects and the use of all research authority under this subchapter. The plan shall set forth specific objectives to be achieved and priorities among such objectives. In formulating the plan, the Director shall consult with other Federal agencies for the purpose of minimizing duplication among similar activities or projects and determining whether the findings resulting from any research or pilot projects may be incorporated into one or more programs for which those agencies are responsible. As part of the annual report required by section 2948 of this title, or in a separate annual report, the Director shall submit a description for each fiscal year of the current plan required by this section, of activities subject to the plan, and of the findings derived from those activities, together with a statement indicating the time and, to the extent feasible, the manner in which the benefits of those activities and findings are expected to be realized.
(c) Limitation and allocation of funds.
Not more than 15 per centum of the sums appropriated or allocated in any fiscal year for this subchapter shall be used for the purposes of this section. One-third of the sums so appropriated or allocated shall be available only for projects authorized under subsection (f) of this section.
(d) Approval of project by local government or community action agency.
No pilot or demonstration project under this section shall be commenced in any city, county, or other major political subdivision, unless a plan setting forth such proposed pilot or demonstration project has been submitted to the appropriate community action agency, or, if there is no such agency, to the local governing officials of the political subdivision, and such plan has not been disapproved by the community action agency or governing body, as the case may be, within thirty days of such submission, or, if so disapproved, has been reconsidered by the Director and found by him to be fully consistent with the provisions and in furtherance of the purposes of this subchapter.
(e) Particular pilot projects.
The Director shall develop and carry out pilot projects which (1) aid elderly persons to achieve greater self-sufficiency, (2) focus upon the problems
of rural poverty, (3) are designed to develop new techniques and community-based efforts to prevent narcotics addiction or to rehabilitate narcotic addicts, or (4) are designed to encourage the participation of private organizations, other than nonprofit organizations, in programs under this subchapter.
(f) Migration from rural to urban areas.
The Director shall conduct, either directly or through grants or other arrangements, research and pilot projects designed to assure a more effective use of human and natural resources of rural America and to slow the migration from rural areas due to lack of economic opportunity, thereby reducing population pressures in urban centers. Such projects may be operated jointly or in cooperation with other federally assisted programs, particularly programs authorized under the Public Works and Economic Development Act of 1965, in the area to be served by the project. (Pub. L. 88-452, title II, § 232, as added Pub. L. 90-222, title I, § 104, Dec. 23, 1967, 81 Stat. 703.)
(a) The Director shall provide for the continuing evaluation of programs under this subchapter, including their effectiveness in achieving stated goals, their impact on related programs, and their structure and mechanisms for the delivery of services and including, where appropriate, comparisons with proper control groups composed of persons who have not participated in such programs. He may, for this purpose, contract for independent evaluations of those programs or individual projects. He may require community action agencies to provide for independent evaluations, and where appropriate, he may also require a community action agency to establish an independent group or committee to provide evaluation and advisory services on either a short-term or continuing basis. He shall consult with other Federal agencies, or where appropriate with State agencies, in order to provide wherever feasible for jointly sponsored objective evaluation studies on a National or State basis. He shall also arrange for obtaining the opinions of participants about the strengths and weaknesses of the programs. The reports of studies undertaken under this section, together with the comments of the Director and other agencies, if any, shall be public records, and the results shall be summarized in the report required by section 2948 of this title.
(b) The Director shall develop and publish standards for evaluation of program effectiveness in achieving the objectives of this subchapter. Such standards shall be considered in deciding whether to renew or supplemental1 financial assistance provided by sections 2808, 2809, 2823, and 2824 of this title.
(c) The Director shall provide by contract for the conduct of an independent study and evaluation of the action taken under sections 2790 and 2791 of this title and the effects thereof, with particular reference to (1) the exercise of their authorities under the provisions of subchapter II of this chapter by States and political subdivisions, (2) the participation of residents of the areas and members of the groups served, public officials and others and (3) the administrative and program advantages and disadvantages, if any, encountered or foreseen in implementing such sections. He shall transmit such study and evaluation to the Congress before April 1, 1969. (Pub. L. 88-452, title II, § 233, as added Pub. L. 90-222, title I, 104, Dec. 23, 1967, 81 Stat. 704.)
The Director shall appoint two assistant directors for the purpose of assisting the Director in the administration of the provisions of this subchapter. One such assistant director, to be known as the Assistant Director for Community Action in Rural Areas, shall be responsible for assuring that funds allotted for assistance to programs or projects designed to assist the rural poor are so expended. The other assistant director, to be known as the Assistant Director for Community Action in Urban Areas, shall be responsible for assuring that funds allotted for assistance to programs or projects designed to assist the urban poor are so expended. Each assistant director shall have such additional responsibilities consistent with the foregoing responsibilities as the Director may hereafter assign. (Pub. L. 88-452, title II, § 240, as added Pub. L. 90-222, title I, § 104, Dec. 23, 1967, 81 Stat. 705.)
(a) Steps to extend benefits to rural residents.
In exercising authority under this subchapter, the Director shall take necessary steps to further the extension of benefits to residents of rural areas, consistent with the extent and severity of poverty among rural residents, and to encourage high levels of managerial and technical competence in programs undertaken in rural areas. These steps shall include, to the maximum extent practicable, (1) the development under section 2809(a) of this title of programs particularly responsive to special needs of rural areas; (2) the establishment, pursuant to section 2825 of this title, of a program of research and pilot project activities specifically focused upon the problems of rural poverty; (3) the provision of technical assistance so as to afford a priority to agencies in rural communities and to aid those agencies, through such arrangements as may be appropriate, in securing assistance under Federal programs which are related to this subchapter but which are not generally utilized in rural areas; and (4) the development of special or simplified procedures, forms, guidelines, model components, and model programs for use in rural areas.
(b) Criteria for equitable distribution of assistance between urban and rural areas.
The Director shall establish criteria designed to achieve an equitable distribution of assistance under this subchapter within the States between urban and rural areas. In developing such criteria, he shall consider the relative number in the States or areas therein of: (1) low-income families, particularly those with children; (2) unemployed persons; (3) persons receiving cash or other assistance on a needs basis from public agencies or private organizations; (4) school dropouts; (5) adults with less than an eighth-grade education; (6) persons rejected for military service; and (7) poor persons living in urban places compared to the number living in rural places as determined by the latest reports of the Bureau of the Census.
(c) Assistance to public and private nonprofit agencies.
Notwithstanding any other provision of this
subchapter, the Director is authorized to provide financial assistance in rural areas to public or private nonprofit agencies for any project for which assistance to community action agencies is authorized, if he determines that it is not feasible to establish a community action agency within a reasonable period of time. The assistance so granted shall be subject to such conditions as the Director deems appropriate to promote adherence to the purposes of this subchapter and the early establishment of a community action agency in the area.
(d) Urban-rural cooperation.
The Director shall encourage the development of programs for the interchange of personnel, for the undertaking of common or related projects, and other methods of cooperation between urban and rural communities, with particular emphasis on fostering cooperation in situations where it may contribute to new employment opportunities, and between larger urban communities with concentrations of low-income persons and families and rural areas in which substantial numbers of those persons and families have recently resided.
(Pub. L. 88-152, title II, § 241, as added Pub. L. 90-222, title I, § 104, Dec. 23, 1967, 81 Stat. 705.)
In carrying out the provisions of this subchapter, no contract, agreement, grant, loan, or other assistance shall be made with, or provided to, any State or local public agency or any private institution or organization for the purpose of carrying out any program, project, or other activity within a State unless a plan setting forth such proposed contract, agreement, grant, loan, or other assistance has been submitted to the Governor of the State, and such plan has not been disapproved by the Governor within thirty days of such submission, or, if so disapproved, has been reconsidered by the Director and found by him to be fully consistent with the provisions and in furtherance of the purposes of this subchapter. Funds to cover the costs of the proposed contract, agreement, grant, loan, or other assistance shall be obligated from the appropriation which is current at the time the plan is submitted to the Governor. This section shall not, however, apply to contracts, agreements, grants, loans, or other assistance to any institution of higher education in existence on the date of the approval of this chapter. (Pub. L. 88-452, title II, § 242, as added Pub. L. 90-222, title I, § 104, Dec. 23, 1967, 81 Stat. 706, and amended Pub. L. 91-177, title I, § 107(a), Dec. 30, 1969, 83 Stat. 830.)
(a) Accounting system.
No funds shall be released to any agency receiving financial assistance under this subchapter until it has submitted to the Director a statement certifying that the assisted agency and its delegate agencies (or subcontractors for performance of any major portion of the assisted program) have established an accounting system with internal controls adequate to safeguard their assets, check the accuracy and reliability of the accounting data, promote operating efficiency and encourage compliance with prescribed management policies and such additional fiscal responsibility and accounting requirements as the Director may establish. The statement may be furnished by a certified public accountant, a duly licensed public accountant or, in the case of a public agency, the appropriate public financial officer who accepts responsibility for providing required financial services to that agency.
(b) Preliminary audit survey.
Within three months after the effective date of a grant to or contract of assistance with an organization or agency, the Director shall make or cause to be made a preliminary audit survey to review and evaluate the adequacy of the accounting system and internal controls established thereunder to meet the standards set forth in the statement referred to in subsection (a) of this section. Promptly after the completion of the survey, the Director shall determine on the basis of findings and conclusions resulting from the survey whether the accounting systems and internal controls meet those standards and, if not, whether to suspend the grant or contract. In the event of suspension, the assisted agency shall be given not more than six months within which to establish the necessary systems and controls, and, in the event of failure to do so within such time period, the assistance shall be terminated by the Director.
(c) Annual audit.
At least once annually the Director shall make or cause to be made an audit of each grant or contract of assistance under this subchapter. Promptly after the completion of such audit, he shall determine on the basis of resulting findings and conclusions whether any of the costs of expenditures incurred shall be disallowed. In the event of disallowance, the Director may seek recovery of the sums involved by appropriate means, including court action or a commensurate increase in the required non-Federal share of the costs of any grant or contract with the same agency or organization which is then in effect or which is entered into within twelve months after the date of disallowance.
(d) Other requirements and actions by Director.
The Director shall establish such other requirements and take such actions as he may deem necessary and appropriate to carry out the provisions of this section and to insure fiscal responsibility and accountability, and the effective and efficient handling of funds in connection with programs assisted under this subchapter. These requirements and actions shall include (1) necessary action to assure that the rate of expenditure of any agency receiving financial assistance does not exceed the rate contemplated under its approved program; and (2) appropriate requirements to promote the continuity and coordination of all projects or components of programs receiving financial assistance under this subchapter, including provision for the periodic reprogramming and supplementation of assistance previously provided. (Pub. L. 88-452, title II, § 243, as added Pub. L. 90-222, title 1, § 104, Dec. 23, 1967, 81 Stat. 706.)
The following special limitations shall apply, as indicated, to programs under this subchapter.
(1) Financial assistance under this subchapter may include funds to provide a reasonable allowance for attendance at meetings of any community action agency governing board, neighborhood council or committee, as appropriate to assure and encourage the maximum feasible participation of members of groups and residents of areas served in accordance with the purposes of this subchapter, and to provide reimbursement of actual expenses connected with those meetings; but those funds (or matching non-Federal funds) may not be used to pay allowances in the case of any individual who is
a Federal, State, or local government employee, or an employee of a community action agency, or for payment of an allowance to any individual for attendance at more than two meetings a month.
(2) The Director shall issue necessary rules or regulations to assure that no employee engaged in carrying out community action program activities receiving financial assistance under this subchapter is compensated from funds so provided at a rate in excess of $15,000 per annum, and that any amount paid to such an employee at a rate in excess of $15,000 per annum shall not be considered in determining whether the non-Federal contributions requirements of section 2812(c) of this title have been complied with; the Director may, however, provide in those rules or regulations for exceptions covering cases (particularly in large metropolitan areas) where, because of the need for specialized or professional skills or prevailing local salary levels, application of the foregoing restriction would greatly impair program effectiveness or otherwise be inconsistent with the purposes sought to be achieved.
(3) No officer or employee of the Office of Economic Opportunity shall serve as member of a board, council, or committee of any agency serving as grantee, contractor, or delegate agency in connection with a program receiving financial assistance under this subchapter; but this shall not prohibit an officer or employee from serving on a board, council, or committee which does not have any authority or powers in connection with a program assisted under this subchapter.
(4) In granting financial assistance for projects or activities in the field of family planning, the Director shall assure that family planning services, including the dissemination of family planning information and medical assistance and supplies, are made available to all low-income individuals who meet the criteria for eligibility for assistance under this subchapter which have been established by the assisted agency and who desire such information, assistance, or supplies. The Director shall require, in connection with any such financial assistance, that-
(A) no individual will be provided with any information, medical supervision, or supplies which that individual indicates are inconsistent with his or her moral, philosophical, or religious beliefs; and
(B) no individual will be provided with any medical supervision or supplies unless he or she has voluntarily requested such medical supervision or supplies.
The use of family planning services assisted under this subchapter shall not be a prerequisite to the receipt of services from or participation in any other programs under this chapter.
(5) No financial assistance shall be extended under this subchapter to provide general aid to elementary or secondary education in any school or school system; but this shall not prohibit the provision of special, remedial, and other noncurricular educational assistance.
(6) In extending assistance under this subchapter the Director shall give special consideration to programs which make maximum use of existing schools, community centers, settlement houses, and other facilities during times they are not in use for their primary purpose.
(7) No financial assistance shall be extended under this subchapter in any case in which the Director determines that the costs of developing and administering all of the programs assisted under this subchapter carried on by or under the supervision of any community action agency exceed 15 per centum of the total costs, including non-Federal contributions to such costs, of such programs. The Director, after consultation with the Director of the Office of Management and Budget, shall establish by regulation, criteria for determining (i) the costs of developing and administering such programs, and (ii) the total costs of such programs. In any case in which the Director determines that the cost of administering such total costs but is, in his judgment, excessive, he shall forthwith require such community action agency to take such steps prescribed by him as will eliminate such excessive administrative cost, including the sharing by one or more such community action agencies of a common director and other administrative personnel. The Director may waive the limitation prescribed by this paragraph for specific periods of time not to exceed six months whenever he determines that such a waiver is necessary in order to carry out the purposes of this subchapter.
(Pub. L. 88-152, title II, § 244, as added Pub. L. 90-222, title 1, § 104, Dec. 23, 1967, 81 Stat. 707, and amended 1970 Reorg. Plan, § 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat.—.)
The Director shall carry out the programs provided for in this subchapter during the fiscal year ending June 30, 1967, and the five succeeding fiscal years. For each such fiscal year only such sums may be appropriated as the Congress may authorize by law. (Pub. L. 88-452, title II, § 245, as added Pub. L. 90-222, title I, § 104, Dec. 23, 1967, 81 Stat. 709, and amended Pub. L. 91-177, title I, § 101(b), Dec. 30, 1969, 83 Stat. 827.)
It is the purpose of this part to meet some of the special needs of low-income rural families by establishing a program of loans to assist in raising and maintaining their income and living standards. (Pub. L. 88-452, title III, § 301, Aug. 20, 1964, 78 Stat. 524; Pub. L. 90-222, title I, § 105(b), Dec. 23, 1967, 81 Stat. 709.)
(a) The Director is authorized to make loans having a maximum maturity of 15 years and in amounts not resulting in an aggregate principal indebtedness of more than $3,500 at any one time to any low income rural family where, in the judgment of the Director, such loans have a reasonable possibility of effecting a permanent increase in the income of such families, or, in the case of the elderly, will contribute to the improvement of their living or housing conditions by assisting or permitting them to—
(A) acquire or improve real estate or reduce encumbrances or erect improvements thereon,
(B) operate or improve the operation of farms not larger than family sized, including but not
limited to the purchase of feed, seed, fertilizer, livestock, poultry, and equipment, or
(C) participate in cooperative associations; and/or to finance nonagricultural enterprises which will enable such families to supplement their income.
(b) Loans under this section shall be made only if the family is not qualified to obtain such funds by loan under other Federal programs. (Pub. L. 88-452, title III, § 302, Aug. 20, 1964, 78 Stat. 524; Pub. L. 89-253, § 21, Oct. 9, 1965, 79 Stat. 976; Pub. L. 89-794, title III, § 301(a), Nov. 8, 1966, 80 Stat. 1464; Pub. L. 90-222, title I, § 105(c), Dec. 23, 1967, 81 Stat. 709; Pub. L. 91-177, title I, § 108, Dec. 30, 1969, 83 Stat. 830.)
The Director is authorized to make loans to local cooperative associations furnishing essential processing, purchasing, or marketing services, supplies, or facilities predominantly to low-income rural families. (Pub. L. 88-452, title III, § 303, Aug. 20, 1964, 78 Stat. 524.)
No financial or other assistance shall be provided under this part unless the Director determines that—
(a) the providing of such assistance will materially further the purposes of this part, and
(b) in the case of assistance provided pursuant to section 2852 of this title, the applicant is fulfilling or will fulfill a need for services, facilities, or activities which is not otherwise being met.
(Pub. L. 88452, title III, § 304, Aug. 20, 1964, 78 Stat. 524.)
Loans pursuant to sections 2851 and 2852 of this title shall have such terms and conditions as the Director shall determine, subject to the following limitations:
(a) there is reasonable assurance of repayment of the loan;
(b) the credit is not otherwise available on reasonable terms from private sources or other Federal, State, or local programs;
(c) the amount of the loan, together with other funds available, is adequate to assure completion of the project or achievement of the purposes for which the loan is made;
(d) the loan bears interest at a rate not less than (1) a rate determined by the Secretary of the Treasury, taking into consideration the average market yield on outstanding Treasury obligations of comparable maturity, plus (2) such additional charge, if any, toward covering other costs of the program as the Director may determine to be consistent with its purposes;
(e) with respect to loans made pursuant to section 2852 of this title, the loan is repayable within not more than thirty years; and
(f) no financial or other assistance shall be provided under this part to or in connection with any corporation or cooperative organization for the production of agricultural commodities or for manufacturing purposes: Provided, That (1) packing, canning, cooking, freezing, or other processing used in preparing or marketing edible farm products, including dairy products, shall not be regarded as manufacturing merely by reason of the fact that it results in the creation of a new or different substance; and (2) a cooperative organization formed by and consisting of members of an Indian tribe (including any tribe with whom the special Federal relationship with Indians has been terminated) engaged in the production of agricultural commodities, or in manufacturing products, on an Indian reservation or former reservation in the case of tribes with whom the special Federal relationship with Indians has been terminated) shall not be regarded as a cooperative organization within the purview of this clause.
(Pub. L. 88-452, title III, § 305, Aug. 20, 1964, 78 Stat. 524; Pub. L. 89-253, § 22, Oct. 9, 1965, 79 Stat. 977; Pub. L. 89-794, title III, § 301(b), Nov. 8, 1966, 80 Stat. 1464.)
(a) Establishment; capital.
To carry out the lending and guaranty functions authorized under this part, there is authorized to be, established a revolving fund. The capital of the fund shall consist of such amounts as may be advanced to it by the Director from funds appropriated pursuant to section 2871 of this title and shall remain available until expended.
(b) Interest payments.
The Director shall pay into miscellaneous receipts of the Treasury, at the close of each fiscal year, interest on the capital of the fund at a rate determined by the Secretary of the Treasury, taking into consideration the average market yield on outstanding Treasury obligations of comparable maturity during the last month of the preceding fiscal year. Interest payments may be deferred with the approval of the Secretary of the Treasury, but any interest payments so deferred shall themselves bear interest.
(c) Excess capital; credit to appropriations.
Whenever any capital in the fund is determined by the Director to be in excess of current needs, such capital shall be credited to the appropriation from which advanced, where it shall be held for future advances.
(d) Receipts from lending and guaranty operations; availability of funds.
Receipts from any lending and guaranty operations under this chapter (except operations under subchapter IV of this chapter carried on by the Small Business Administration) shall be credited to the fund. The fund shall be available for the payment of all expenditures of the Director for loans, participations, and guaranties authorized under this part. (Pub. L. 88-452, title III, § 306, formerly title VI, § 606, Aug. 20, 1964, 78 Stat. 531; Pub. L. 89-794, title IV, § 407, Nov. 8, 1966, 80 Stat. 1465; renumbered and amended Pub. L. 90-222, title I, § 105(d), Dec. 23, 1967, 81 Stat. 709.)
The purpose of this part is to assist migrant and seasonal farmworkers and their families to improve their living conditions and develop skills necessary for a productive and self-sufficient life in an increasingly complex and technological society. (Pub. L. 88-452, title III, § 311, Aug. 20, 1964, 78 Stat. 525; Pub. L. 89-253, § 23, Oct. 9, 1965, 79 Stat. 977; Pub. L. 90-222, title I, § 105(e), Dec. 23, 1967, 81 Stat. 709.)
(a) The Director may provide financial assistance to assist State and local agencies, private nonprofit institutions and cooperatives in developing and carrying out programs to fulfill the purpose of this part.
(b) Programs assisted under this part may include projects or activities—
(1) to meet the immediate needs of migrant and seasonal farmworkers and their families, such as day care for children, education, health services, improved housing and sanitation (including the provision and maintenance of emergency and temporary housing and sanitation facilities), legal advice and representation, and consumer training and counseling;
(2) to promote increased community acceptance of migrant and seasonal farmworkers and their families; and
(3) to equip unskilled migrant and seasonal farmworkers and members of their families as appropriate through education and training to meet the changing demands in agricultural employment brought about by technological advancement and to take advantage of opportunities available to improve their well-being and self-sufficiency by gaining regular or permanent employment or by participating in available Government training programs.
(Pub. L. 88-452, title III, § 312, as added Pub. L. 90-222, title I, § 105(e), Dec. 23, 1967, 81 Stat. 709.)
(a) Assistance shall not be extended under this part unless the Director determines that the applicant will maintain its prior level of effort in similar activities.
(b) The Director shall establish necessary procedures or requirements to assure that programs under this part are carried on in coordination with other programs or activities providing assistance to the persons and groups served. (Pub. L. 88-452, title III, § 313, as added Pub. L. 90-222, title I, § 105(e), Dec. 23, 1967, 81 Stat. 710.)
(a) The Director may provide directly or through grants, contracts, or other arrangements, such technical assistance or training of personnel as may be required to implement effectively the purposes of this subchapter.
(b) The Director shall provide for necessary evaluation of projects under this subchapter and may, through grants or contracts, secure independent evaluation for this purpose. The results of such evaluation shall be published and shall be summarized in the report required by section 2948 of this title. (Pub. L. 88-452, title III, § 314, as added Pub. L. 90-222, title I, § 105(e), Dec. 23, 1967, 81 Stat. 710.)
The Director shall carry out the programs provided for in this subchapter during the fiscal year ending June 30, 1967, and the five succeeding fiscal years. For each such fiscal year only such sums may be appropriated as the Congress may authorize by law. (Pub. L. 88152, title III, § 321, Aug. 20, 1964, 78 Stat. 525; Pub. L. 89-253, § 30(c), Oct. 9, 1965, 79 Stat. 979; Pub. L. 89-794, title III, § 302, Nov. 8, 1966, 80 Stat. 1465; Pub. L. 91-177, title I, § 101(b), Dec. 30, 1969, 83 Stat. 827.)
This subchapter provides for a program of full-time volunteer service, for programs of part-time or short-term community volunteer service, and for special volunteer programs, together with other powers and responsibilities designed to assist in the development and coordination of volunteer programs. Its purpose is to strengthen and supplement efforts to eliminate poverty by encouraging and enabling persons from all walks of life and all age groups, including elderly and retired Americans, to perform meaningful and constructive service as volunteers in part-time or short-term programs in their home or nearby communities, and as full-time volunteers serving in rural areas and urban communities, on Indian reservations, among migrant workers, in Job Corps centers, and in other agencies, institutions, and situations where the application of human talent and dedication may help the poor to overcome the handicaps of poverty and to secure and exploit opportunities for self-advancement. (Pub. L. 88-152, title VIII, § 801, as added Pub. L. 89-794, title VIII, § 801, Nov. 8, 1966, 80 Stat. 1472, and amended Pub. L. 90-222, title I, § 110, Dec. 23, 1967, 81 Stat. 722.)
(a) The Director may recruit, select, and train persons to serve in full-time volunteer programs and upon request of Federal, State, or local agencies or private nonprofit organizations, may assign such volunteers to work—
(1) in meeting the health, education, welfare, or related needs of Indians living on reservations of migratory workers and their families, or of residents of the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, or the Trust Territory of the Pacific Islands;
(2) in the care and rehabilitation of the mentally ill or mentally retarded under treatment at nonprofit mental health or mental retardation facilities; and
(3) in connection with programs or activities authorized, supported, or of a character eligible for assistance under this chapter.
(b) The assignment of volunteers under this section shall be on such terms and conditions (including restrictions on political activities that appropriately recognize the special status of volunteers living among the persons or groups served by programs to which they have been assigned) as the Director may determine, including work assignments in their own or nearby communities; but volunteers under this part shall not be assigned to duties or work in any State without the consent of the Governor. The assignment of such a volunteer in any State shall be terminated by the Director when so requested by the Governor of such State not later than thirty days or at a time thereafter agreed upon by the Governor and Director after such requests has been made by the Governor to the Director. (Pub. L. 88-452, title VIII, § 810, as added Pub. L. 90-222, title I, § 110, Dec. 23, 1967, 81 Stat. 722.)
(a) Commitment to full-time service.
Volunteers under this part shall be required to
make a full-time personal commitment to combating poverty. To the extent practicable, this shall include a commitment to live among and at the economic level of the people served, and to remain available for service without regard to regular working hours, at all times during their term of service, except for authorized periods of leave.
(b) One-year enrollment; shorter enrollment for volunteer associates.
Volunteers under this part shall be enrolled for one-year periods of service, excluding time devoted to training. The Director may, however, allow persons who are unable to make a full one-year commitment to enroll as volunteer associates for periods of service of not less than two months where he determines that this more limited service will effectively promote the purposes of this subchapter.
(c) Oath or affirmation.
All volunteers under this part shall take and subscribe to an oath or affirmation in the form prescribed by section 2716 of this title, and the provisions of section 1001 of Title 18, shall be applicable with respect to that oath or affirmation. (Pub. L. 88-452, title VIII, § 811, as added Pub. L. 90-222, title I, § 110, Dec. 23, 1967, 81 Stat. 723.)
(a) Stipend; allowances.
The Director may provide a stipend to volunteers under this part while they are in training and on assignment, but the stipend shall not exceed $50 per month during the volunteer's first year of service. He may provide a stipend not to exceed $75 per month in the case of persons who have served for at least one year and who, in accordance with standards prescribed by him, have been designated volunteer leaders on the basis of experience and special skills. The Director may also provide volunteers such living, travel (including travel to and from the place of training), and leave allowances, and such housing, supplies, equipment, subsistence, clothing, health and dental care, or such other support, as he may deem necessary or appropriate for their needs.
(b) Payment upon completion of term; advancement of accrued stipend.
Stipends shall be payable only upon completion of a term of service; except that in extraordinary circumstances the Director may from time to time advance accrued stipend, or any portion thereof, to or on behalf of a volunteer. In the event of the death of a volunteer during service, the amount of any unpaid stipend shall be paid in accordance with the provisions of section 5582 of Title 5.
(c) Counseling.
The Director may provide or arrange for educational and vocational counseling of volunteers and recent volunteers to encourage them to use the skills and experience which they have derived from their training and service in the national interest, and particularly in combating poverty as members of the helping professions. (Pub. L. 88-452, title VIII, § 812, as added Pub. L. 90-222, title I, § 110, Dec. 23, 1967, 81 Stat. 723.)
(a) Term of service; activities.
The Director shall develop programs designed to expand opportunities for persons to participate in a direct and personal way, on a part-time basis or for shorter periods of service than are required for enrollment under section 2992 of this title, and in their home or nearby communities, in volunteer activities contributing to the elimination of poverty. Pursuant to appropriate plans, agreements, or arrangements the Director may provide financial, technical, or other assistance needed to carry on projects that are undertaken in connection with these programs. These projects may include, without limitation, activities designed (1) to encourage greater numbers of persons to participate, as volunteers, in local programs and projects assisted under this chapter, with particular emphasis upon programs designed to aid youth or promote child development; (2) to encourage persons with needed managerial, professional, or technical skills to contribute those skills to programs for the development or betterment of urban and rural neighborhoods or areas having especially large concentrations or proportions of the poor, with particular emphasis upon helping residents of those neighborhoods or areas to develop the competence necessary to take advantage of public and private resources which would not otherwise be available or used for those programs; and (3) to assist existing national and local agencies relying upon or in need of volunteers to obtain volunteer services more readily, or to provide specialized short-term training, with particular emphasis on agencies serving the most seriously disadvantaged, operating in areas of the most concentrated poverty, or having similar critical needs.
(b) Support and allowances.
Persons serving as volunteers under this section shall receive no living allowance or stipend and only such other support or allowances as the Director determines, pursuant to regulations, are required because of unusual or special circumstances affecting the project.
(c) Allowance of service as non-Federal contribution.
The services of any person, if otherwise allowable as a non-Federal contribution toward the cost of any program or project assisted under this chapter or any other Federal Act, shall not be disallowed merely by reason of actions of the Director under this section in providing for or assisting in the recruitment, referral, or preservice training of such person. (Pub. L. 88-452, title VIII, § 820, as added Pub. L. 90-222, title I, § 110, Dec. 23, 1967, 81 Stat. 724.)
The Director is authorized to conduct, or provide by grant or contract for, special volunteer programs designed to stimulate and initiate improved methods of providing volunteer services and to encourage wider volunteer participation, in furtherance of the purposes of this subchapter. Not to exceed 10 per centum of the sums appropriated or allocated from any appropriation to carry out this subchapter for any fiscal year may be used for programs under this section. (Pub. L. 88-452, title VIII, § 821, as added Pub. L. 90-222, title I, § 110, Dec. 23, 1967, 81 Stat. 724.)
(a) The Director is authorized to conduct, or to make grants, contracts, or other arrangements for the conduct of demonstration projects in not more than four years during the fiscal year ending June 30, 1968, and in not more than six areas
during each of the two succeeding fiscal years, under which—
(1) volunteers under part A of this subchapter, and members of the Teacher Corps furnished pursuant to this section, provide criminal offenders aged sixteen through twenty-five with intensive education, training, and counseling for at least a six-month period prior to their release from confinement and for at least a six-month period thereafter;
(2) not more than one hundred such volunteers are employed pursuant to this section during the fiscal year ending June 30, 1968, and not more than one hundred and fifty such volunteers are so employed during each of the two succeeding fiscal years;
(3) the Commissioner of Education furnishes, on a reimbursable basis, for the purpose of this section, members of the Teacher Corps who have been recruited and trained by one or more institutions of higher education; and
(4) not more than forty such members are furnished pursuant to this section during the fiscal year ending June 30, 1968, not more than sixty such members are so furnished during each of the two succeeding fiscal years.
(b) Members of the Teacher Corps enrolled for purposes of this section, who are not experienced teachers, shall be compensated at the rate of $75 per week plus $15 per week for each dependent. Such members who are experienced teachers shall be compensated at a rate to be fixed by the Commissioner of Education. Assignment of members of the Teacher Corps pursuant to this section shall be without regard to the provisions of section 1103(c) of Title 20. (Pub. L. 88-452, title VIII, § 822, as added Pub. L. 90-222, title I, § 110, Dec. 23, 1967, 81 Stat. 724.)
The Director shall take necessary steps to coordinate volunteer programs authorized under this subchapter with one another, with community action programs, and with other related Federal, State, local, and national programs. These steps shall include, to the extent feasible, actions to promote service by volunteers or former volunteers in the full-time programs authorized under part A of this subchapter in providing necessary support to programs under part B of this subchapter, and actions to encourage persons serving as part-time or short-term volunteers to make commitment under part A of this subchapter as regular or associate full-time volunteers. The Director shall also consult with the heads of other Federal, State, local, and national agencies responsible for programs related to the purpose of this chapter with a view to encouraging greater use of volunteer services in those programs and establishing in connection with them systematic procedures for the recruitment, referral, or necessary preservice orientation or training of part-time volunteers serving pursuant to this part.
(Pub. L. 88-152, title VIII, § 831, as added Pub. L. 90-222, title I, § 110, Dec. 23, 1967, 81 Stat. 725.)
In carrying out this subchapter, the Director shall take necessary steps, including the development of special projects where appropriate, to encourage the fullest participation of older persons and older persons membership groups as volunteers and participant agencies in the various programs and activities authorized under this subchapter and, because of the high proportion of older persons within the poverty group, shall encourage the development of a variety of volunteers, services to older persons, including special projects, to assure that they are served in proportion to their need. (Pub. L. 88-452, title VIII, § 832, as added Pub. L. 90-222, title I, § 110, Dec. 23, 1967, 81 Stat. 725.)
(a) Except as provided in section 8332 of Title 5 and subsections (b) and (c) of this section and in section 8143(b) of Title 5, volunteers under this subchapter shall not be deemed Federal employees and shall not be subject to the provisions of laws relating to Federal employment.
(b) Individuals who receive either a living allowance or a stipend under part A of this subchapter shall, with respect to such services or training, (1) be deemed, for the purposes of subchapter III of chapter 73 of Title 5, persons employed in the executive branch of the Federal Government, and (2) be deemed Federal employees to the same extent as enrollees of the Job Corps under section 2727(a) (1) and (3) of this title.
(c) Any period of service of a volunteer under Part A of this subchapter shall be credited in connection with subsequent employment in the same manner as a like period of civilian employment by the United States Government—
(1) for the purposes of section 1092(a)(1) of Title 22, and every other Act establishing a retirement system for civilian employees of any United States Government agency; and
(2) except as otherwise determined by the President, for the purposes of determining seniority, reduction in force, and layoff rights, leave entitlement, and other rights and privileges based upon length of service under the laws administered by the Civil Service Commission, the Foreign Service Act of 1946, and every other Act establishing or governing terms and conditions of service of civilian employees of the United States Government: Provided, That service of a volunteer shall not be credited toward completion of any probationary or trial period or completion of any service requirement for career appointment.
(Pub. L. 88-452, title VIII, § 833 as added Pub. L. 90-222, title I, § 110, Dec. 23, 1967, 81 Stat. 726, and amended Pub. L. 90-623, § 5(b), Oct. 22, 1968, 82 Stat. 1315; Pub. L. 91-177, title I, § 112(b), Dec. 30, 1969, 83 Stat. 832.)
(a) The Director shall prescribe regulations to assure that service under this subchapter is limited to activities which would not otherwise be performed and which will not result in the displacement of employed workers or impair existing contracts for service.
(b) All support, including transportation provided to volunteers under this subchapter, shall be furnished at the lowest possible cost consistent with the effective operations of volunteer programs.
(c) No agency or organization to which volunteers are assigned hereunder, or which operates or supervises any volunteer program hereunder shall request or receive any compensation for services of volunteers supervised by such agency or organization.
(d) No funds authorized to be appropriated herein shall be directly or indirectly utilized to finance labor or anti-labor organization or related activity.
(e) Persons serving as volunteers under this subchapter shall provide such information concerning their qualifications, including their ability to perform their assigned tasks and their integrity, as the Director shall prescribe and shall be subject to such procedures, for selection and approval as the Director may require. The Director may fix such special procedures for the selection and approval of low-income residents of the area to be served by a program who wish to become volunteers as he determines will contribute to carrying out the purposes of this subchapter. (Pub. L. 88-452, title VIII, § 834, as added Pub. L. 90 222, title I, § 110, Dec. 23, 1967, 81 Stat. 726.)
The Director shall carry out the programs provided for in this subchapter during the fiscal year ending June 30, 1967, and the five succeeding fiscal years. For each such fiscal year only such sums may be appropriated as the Congress may authorize by law. (Pub. L. 88-452, title VIII, § 835, as added Pub. L. 90-222, title I, § 110, Dec. 23, 1967, 81 Stat. 726, and amended Pub. L. 97-177, title I, § 101(b), Dec. 30, 1969, 83 Stat. 827.)
