Page 18 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 mo bility of individual participants. (b) The Director shall terminate financial assistance for an program under this part in any case in which he determines tha any person charged, in whole or part, with the responsibility fo the administration of the program is a member of the Commu nist Party. (c) For programs which provide work and training related t physical improvements, preference shall be given to those im provements which will be substantially used by low-income per sons and families or which will contribute substantially to amenities or facilities in urban or rural areas having high con centrations or proportions of low-income persons and families. (d) Programs approved under this part shall, to the maximun extent feasible, contribute to the elimination of artificial barrier to employment and occupational advancement. (e) Projects under this part shall provide for maximum feas ible use of resources under other Federal programs for work and training and the resources of the private sector. PROGRAM PARTICIPANTS SEC. 125. (a) Participants in programs under this part must b unemployed or low-income persons. The Director, in consultatio with the Social Security Administrator, shall establish criteri. for low income, taking into consideration family size, urban-rura 42 USC and farm-nonfarm differences, and other relevant factors. An 2742 individual shall be deemed to be from a low-income family if th family receives cash welfare payments. 2743 (b) Participants must be permanent residents of the Unite States or of the Trust Territory of the Pacific Islands. (c) Participants shall not be deemed Federal employees an shall not be subject to the provisions of law relating to Feder: employment, including those relating to hours of work, rates compensation, leave, unemployment compensation, and Feder employment benefits. ELDERLY SEC. 126. The Director shall provide that programs under th 42 USC part shall be designed to deal with the incidence of long-ter unemployment among persons fifty-five years and older. In th conduct of such programs, the Director shall encourage the er ployment of such persons as regular, part-time, and short-ter staff in component programs. 42 USC PILOT PROJECTS SEC. 127. (a) The Director may provide financial assistance 2744 public or private organizations for pilot projects which are d Page 19 2744 signed to develop new approaches to further the objectives of 42 USC 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. TECHNICAL ASSISTANCE AND TRAINING 2745 SEC. 128. The Director may provide (directly or through contracts or other appropriate arrangements) technical assistance to 42 USC 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 title. He shall give special consideration to the problems of rural areas. ROLE OF THE STATES SEC. 129. The Director may provide financial assistance to appropriate State agencies to 2746 (1) provide technical assistance and training, as authorized by section 128, with particular emphasis upon service 42 USC to rural areas and for this purpose preference shall be given to the State agency which administers programs assisted by section 231; (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. EQUITABLE DISTRIBUTION OF ASSISTANCE 2747 SEC. 130. Of the sums appropriated or allocated for any fiscal year for programs authorized under this title, the Director shall 42 USC reserve not to exceed 20 per centum for the purpose of carrying out section 123 (a) (5); but not more than 1212 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 123, 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. 2748 Page 20 LIMITATIONS ON FEDERAL ASSISTANCE SEC. 131. Federal financial assistance to any program or acti ity carried our pursuant to section 123 of this part shall not e ceed 90 per centum of the cost of such program or activit 42 USC including costs of administration. The Director may, howeve approve assistance in excess of that percentage if he determine pursuant to regulations establishing objective criteria for su determinations, that this is necessary in furtherance of the pu poses of this part. Non-Federal contributions may be in cash or kind, fairly evaluated, including but not limited to plant, equi ment, and services. If in any fiscal year, a community provid non-Federal contributions under this part exceeding its requir ments under this section, such excess may be used to meet i requirements for such contributions under section 225 (c). PROGRAM DATA AND EVALUATION SEC. 132. (a) The Director shall provide for the developme and implementation of a program data system consistent wit 42 USC similar data systems for other relevant Federal programs. Suc data shall be published periodically. 2749 (b) The Director shall provide for the continuing evaluatic of the programs under this part, including their effectiveness i achieving stated goals, their impact on related programs, an their structure and mechanisms for the delivery of services, an he shall arrange for obtaining the opinions of participants abo the strengths and weaknesses of the programs. This evaluatio shall include comparisons with proper control groups compose of persons who have not participated in such programs, and sha seek to develop comparative data on the costs and benefits work and training programs authorized by this Act and by oth Acts, including the Manpower Development and Training Act 1962. He may, for this purpose, contract for independent evalu tions of such programs or individual projects. The results of su evaluations shall be included in the report required by section 60 (c) The Director shall develop and publish standards for eva uation of program effectiveness in achieving the objectives this part. Such standards shall be considered in deciding wheth to renew or supplement financial assistance provided by sectio 123, 128, and 129. PART C-WORK-STUDY PROGRAMS1 STATEMENT OF PURPOSE SEC. 141. The purpose of this part is to stimulate and prom the part-time employment of students, particularly students fro 42 USC low-income families, in institutions of higher education who a 2751 1 Administration of Part C of title I of the Economic Opportunity Act of 1964 was tra ferred from the Director of the Office of Economic Opportunity to the Commissioner Education by sec. 441 of the Higher Education Act of 1965, Public Law 89-329 November 1965, 79 Stat. 1249. Prior to enactment of the Higher Education Act of 1965, powers of Director of the Office of Economic Opportunity under Part C had been delegated to the Se tary of Health, Education, and Welfare, by a delegation approved by the President on Oct 24, 1964, 29 F. R. 14764, October 29, 1964. Page 21 in need of the earnings from such employment to pursue courses of study at such institutions. ALLOTMENTS TO STATES SEC. 142. (a) From the sums appropriated to carry out this title for a fiscal year, the Commissioner of Education (herein- 42 USC after in this part referred to as the "Commissioner") shall re- 2752 serve the amount needed for making grants under section 143. Not to exceed 2 per centum of the amount so reserved shall be allotted by the Commissioner among Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Virgin Islands according to their respective needs for assistance under this part. The remainder of the sums so reserved shall be allotted among the States as provided in subsection (b). (b) of the sums being allotted under this subsection (1) one-third shall be allotted by the Commissioner among the States so that the allotment to each State under this clause will be an amount which bears the same ratio to such one-third as the number of persons enrolled on a full-time basis in institutions of higher education in such State bears to the total number of persons enrolled on a full-time basis in institutions of higher education in all the States. (2) one-third shall be allotted by the Commissioner among the States so that the allotment to each State under this clause will be an amount which bears the same ratio to such one-third as the number of high school graduates (as defined in section 103 (d) (3) of the Higher Education Facilities Act of 1963) of such State bears to the total number of such high school graduates of all the States, and (3) one-third shall be allotted by him among the States so that the allotment to each State under this clause will be an amount which bears the same ratio to such one-third as the number of related children under eighteen years of age living in families with annual incomes of less than $3,000 in such State bears to the number of related children under eighteen years of age living in families with annual incomes. of less than $3,000 in all the States. (c) The amount of any State's allotment which has not been granted to an institution of higher education under section 143 at the end of the fiscal year for which appropriated shall be reallotted by the Commissioner, in such manner as he determines will best assist in achieving the purposes of this Act. Amounts reallotted under this subsection shall be available for making grants under section 143 until the close of the fiscal year next succeeding the fiscal year for which appropriated. (d) For purposes of this section, the term "State" does not include Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Virgin Islands. GRANTS FOR WORK-STUDY PROGRAMS SEC. 143. (a) The Commissioner is authorized to enter into 42 USC 2753 42 USC 2753 Page 22 agreements with institutions of higher education under which the (1) The term "institution of higher education" means an educational institution in any State which (A) admits as regular students only persons having a certificate of gradua tion from a school providing secondary education, or the recognized equivalent of such certificate, (B) is legally au thorized within such State to provide a program of educa tion beyond secondary education, (C) provides an educa tional program for which it awards a bachelor's degree or provides not less than a two-year program which is acceptable for full credit toward such a degree, (D) is a public or other nonprofit institution, and (E) is accredited by a nationally recognized accrediting agency or association ap proved by the Commissioner for this purpose or, if not so accredited, (i) is an institution with respect to which the Commissioner has determined that there is satisfactory as surance, considering the resources available to the institu tion, the period of time, if any, during which it has operated the effort it is making to meet accreditation standards, and the purpose for which this determination is being made, that the institution will meet the accreditation standards of such an agency or association within a reasonable time, or (ii) is an institution whose credits are accepted on transfer by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited. Such term also includes any public o other nonprofit collegiate or associate degree school of nurs ing and any school which provides not less than a one-year program of training to prepare students for gainful employ ment in a recognized occupation and which meets the provi sions of clauses (A), (B), (D), and (E). If the Commis sioner determines that a particular category of such schools does not meet the requirements of clause (E) because there is no nationally recognized accrediting agency or association qualified to accredit schools in such category, he shall, pend ing the establishment of such an accrediting agency or association, appoint an advisory committee, composed of person specially qualified to evaluate training provided by schools in such category, which shall (I) prescribe the standards of content, scope, and quality which must be met in order to qualify schools in such category to participate in the program pursuant to this part, and (II) determine whethe particular schools not meeting the requirements of clause (E) meet those standards. For purposes of this subsection the Commissioner shall publish a list of nationally recog nized accrediting agencies or associations which he deter mines to be reliable authority as to the quality of training offered. |