PART E-DURATION OF PROGRAM

SEC. 141. The Director shall carry out the programs for which he is responsible under this title during the fiscal year ending June 30, 1967, and the three succeeding fiscal years. For each such fiscal year only such sums may be appropriated as the Congress may authorize by law.2

TITLE II-URBAN AND RURAL COMMUNITY ACTION PROGRAMS

PART A-GENERAL COMMUNITY ACTION PROGRAMS

STATEMENT OF PURPOSE

SEC. 201. The purpose of this part is to provide stimulation and incentive for urban and rural communities to mobilize their resources to combat poverty through community action programs.

COMMUNITY ACTION PROGRAMS

SEC. 202. (a) The term "community action program" means a program

(1) which mobilizes and utilizes 3 in an attack on poverty resources, public or private, of any urban or rural, or combined urban and rural, geographical area (referred to in this part as a "community"), including but not limited to a State, metropolitan area, county, city, town, multicity unit, or multicounty unit or any neighborhood or other area (irrespective of boundaries or political subdivisions) which is sufficiently homogeneous in character to be an appropriate area for an attack on poverty under this part;

(2) which provides services, assistance, and other activities of sufficient scope and size to give promise of progress toward elimination of poverty or a cause or causes of poverty through developing employment opportunities, improving human performance, motivation, and

This part, formerly part D, was redesignated and amended to read as set forth in the text by sec. 114 of the Economic Opportunity Amendments of 1966, 80 Stat. 1456. Prior to this amendment, part D of title I, as amended by the Economic Opportunity Amendments of 1965 and the Higher Education Act of 1965, read as follows:

"PART D-AUTHORIZATION OF APPROPRIATIONS

"SEC. 131. The Director shall carry out the programs for which he is responsible under this title during the fiscal year ending June 30, 1965, and the three succeeding fiscal years. For the purpose of carrying out this title, there is hereby authorized to be appropriated the sum of $412,500,000 for the fiscal year ending June 30, 1965, and the sum of $700,000,000 for the fiscal year ending June 30, 1966; and for the fiscal year ending June 30, 1967, and the succeeding fiscal year, such sums may be appropriated as the Congress may hereafter authorize by law."

Former section 131 had previously been amended by sec. 441 of the Higher Education Act of 1965, Public Law 89-329, November 8, 1965, which conformed the language to take account of the transfer of administration of part C to the Commissioner of Education and of section 30(a) of the Economic Opportunity Amendments of 1965, 79 Stat. 973, 978, 979, which extended the duration of programs under title I one additional year (through fiscal year 1968), and authorized funds for fiscal 1966. Additional authorizations for the program under part C, together with certain other related technical provisions. were contained in section 442 of the Higher Education Act of 1965, supra this note, 79 Stat. 1219, 1251. 2 Sections 2(a) and (b)(1) of the Economic Opportunity Amendments of 1966, 80 Stat. 1451, authorize appropriation, for fiscal year 1967, of $696,000,000 for carrying out title I (other than part C), and provide that of the sums available for such title (other than part C) in such fiscal year, $211,000,000 is authorized for carrying out part A, $410,000.000 is authorized for carrying out part B, and $75,000,000 is authorized for carrying out part D.

3 Sec. 201 of the Economic Opportunity Amendments of 1966, 80 Stat. 1456, amended sec. 202 (a)(1) by inserting "in an attack on poverty" after "utilizes", and by striking out the words "in an attack on poverty" after "multicounty unit" and inserting the words set forth in the text.

4 See note 3, supra.

productivity, or bettering the conditions under which people live, learn, and work;

(3) which is developed, conducted, and administered with the maximum feasible participation of residents of the areas and members of the groups served;

(4) which is conducted, administered, or coordinated by a public or private nonprofit agency (other than a political party), or a combination thereof; and

(5)1 which includes provision for reasonable access of the public to information including, but not limited to, reasonable opportunity for public hearings at the request of appropriate local community groups, and reasonable public access to books and records of the agency or agencies engaged in the development, conduct, and administration of the program, in accordance with procedures approved by the Director.

(b) The Director is authorized to prescribe such additional criteria for programs carried on under this part as he shall deem appropriate. Such 2 criteria shall include requirements to assure (1) that each agency responsible for a community action program is qualified to administer such program and the funds granted to it efficiently, effectively, and in a manner fully consistent with the provisions and purposes of this part, having due regard for the size and complexity of such program and the number of persons and size of the area served; (2) that each such agency is subject to evaluation of program progress and regular or periodic audits and that the results or findings of such evaluations and audits are considered by the agency as well as by the Director in connection with proposals or applications for the renewal, expansion, or modification of any such program; (3) that each such agency maintains records and internal controls needed to achieve and document compliance with all legal requirements and that all records bearing exclusively on grants made under this part are available to the General Accounting Office; (4) that each such program is carried on in accordance with standards and policies, including rules governing the conduct of officers and employees, to preclude the use of program funds, the provision of services, or the employment or assignment of personnel in a manner supporting, or resulting in an identification of such program with, any partisan political activity or any activity designed to further the election or defeat of any candidate for public office; and (5) that the personnel of each such agency are selected, employed, promoted, and compensated in accordance with standards prescribed by the Director, or personnel plans approved by him, as promoting efficiency and the effective use of funds.

(c) (1) The Director shall not approve, or continue to fund after March 1, 1967, a community action program which is conducted, administered, or coordinated by a board which contains representatives of various geographical areas in the community unless such representatives are required to live in the area they represent.

(2) The Director shall not approve, or continue to fund after March 1, 1967, a community action program which is conducted,

1 This paragraph added by sec. 11 of the Economic Opportunity Amendments of 1965, 79 Stat. 974. 2 This sentence added by sec. 202 of the Economic Opportunity Amendments of 1966, 80 Stat. 1457. This subsection and the following subsection (d) added by sec. 203 of the Economic Opportunity Amendments of 1966, 80 Stat. 1457.

administered, or coordinated by a board on which representatives of the poor do not comprise at least one-third of the membership.

(3) The representatives of the poor shall be selected by the residents in areas of concentration of poverty, with special emphasis on participation by the residents of the area who are poor.

(4) In communities where substantial numbers of the poor reside outside of areas of concentration of poverty, provision shall be made for selection of representatives of such poor through a process, such as neighborhood meetings, in which the poor participate to the greatest possible degree.

(d) The Director shall require community action agencies to establish procedures under which representative groups of the poor including but not limited to minority groups, the elderly, and the rural population, which feel themselves inadequately represented on their community action agency policy board, may petition for adequate representation on such board.

ALLOTMENTS TO STATES

SEC. 203. (a) From the sums appropriated to carry out this title for a fiscal year, the Director shall reserve the amount needed for carrying out sections 204 and 205. Not to exceed 2 per centum of the amount so reserved shall be allotted by the Director 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. Twenty per centum of the amount so reserved shall be allotted among the States as the Director shall determine. 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 Director 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 public assistance recipients in such State (as 2 determined on the basis of the latest appropriate data) bears to the total number of public assistance recipients in all the States (as so determined);

(2) 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 annual average number of persons unemployed in such State (as determined on the basis of the latest appropriate data) bears to the annual average number of persons unemployed in all the States (as 5 so determined); and

4

(3) the remaining 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 18 years of age living in families with incomes of less than $1,000 in such State bears to the number of related

1 See note 3, page 17.

2 Sec. 204 of the Economic Opportunity Amendments of 1966, 80 Stat. 1458, amended sec. 203(b)(1) and (2) of the Act by inserting the words "(as determined on the basis of the latest appropriate data)" and "(as so determined)" where they appear in the text.

See note 2, supra.

4 See note 2, supra.

5 See note 2, supra.

children under 18 years of age living in families with incomes of less than $1,000 in all the States.

(c) The portion of any State's allotment under subsection (a) for a fiscal year which the Director determines will not be required for such fiscal year for carrying out this part shall be available for reallotment from time to time, on such dates during such year as the Director may fix, to other States in proportion to their original allotments for such year, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum which the Director estimates such State needs and will be able to use for such year for carrying out this part; and the total of such reductions shall be similarly reallotted among the States whose proportionate amounts are not so reduced. Any amount reallotted to a State under this subsection during a year shall be deemed part of its allotment under subsection (a) for such year.

(d) For the 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.

FINANCIAL ASSISTANCE FOR DEVELOPMENT OF COMMUNITY ACTION PROGRAMS

SEC. 204. The Director is authorized to make grants to, or to contract with, appropriate public or private nonprofit agencies, or combinations thereof, to pay part or all of the costs of development of community action programs.

FINANCIAL ASSISTANCE FOR CONDUCT AND ADMINISTRATION OF COMMUNITY ACTION PROGRAMS

SEC. 205. (a) The Director is authorized to make grants to, or to contract with, public or private nonprofit agencies, or combinations thereof, to pay part or all of the costs of community action programs which have been approved by him pursuant to this part, including the cost of carrying out programs which are components of a community action program and which are designed to achieve the purposes of this part. Such component programs shall be focused upon the needs of low-income individuals and families and shall provide expanded and improved services, assistance, and other activities, and facilities necessary in connection therewith. Such programs shall be conducted in those fields which fall within the purposes of this part including, but not limited to,1 employment, job training and counseling, health, vocational rehabilitation, housing, home management, welfare, and special remedial and other noncurricular educational assistance for the benefit of low-income individuals and families. The 2 Director shall require that where an agency pays an employee engaged in carrying out a community action program at a rate in excess of $15,000 per annum, payment of such excess shall not be made from Federal funds; and any amount paid such an employee in excess of $15,000 per annum shall not be considered in determining whether section 208(a) has been complied with.

(b) No grant or contract authorized under this part may provide

1 The phrase, ", but not limited to," was added by sec. 12 of the Economic Opportunity Amendments 2 This sentence added by sec. 205 of the Economic Opportunity Amendments of 1966, 80 Stat. 1458.

of 1965, 79 Stat. 974.

for general aid to elementary or secondary education in any school or school system.

(c) In determining whether to extend assistance under this section the Director shall consider among other relevant factors the incidence of poverty within the community and within the areas or groups to be affected by the specific program or programs, and the extent to which the applicant is in a position to utilize efficiently and expeditiously the assistance for which application is made. In determining the incidence of poverty the Director shall consider information available with respect to such factors as: the concentration of low-income families, particularly those with children; the extent of persistent unemployment and underemployment; the number and proportion of persons receiving cash or other assistance on a needs basis from public agencies or private organizations; the number of migrant or transient low-income families; school dropout rates, military service rejection rates, and other evidences of low educational attainment; the incidence of disease, disability, and infant mortality; housing conditions; adequacy of community facilities and services; and the incidence of crime and juvenile delinquency.

(d) The Director is authorized to make grants under this section for special programs (1) which involve activities directed to the needs of those chronically unemployed poor who have poor employment prospects and are unable, because of age or otherwise, to secure appropriate employment or training assistance under other programs, (2) 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, highways, and other lands, and (3) which are conducted in accordance with standards adequate to assure that the program is in the public interest and otherwise consistent with policies applicable under this Act for the protection of employed workers and the maintenance of basic rates of pay and other suitable conditions of employment.

(e) 2 The Director is authorized to make grants or enter into agreements with any State or local agency or private organization to pay all or part of the costs of adult work training and employment programs for unemployed or low-income persons involving activities designed to improve the physical, social, economic or cultural condition of the community or area served in fields including, but not limited to, health, education, welfare, neighborhood redevelopment, and public safety. Such programs shall (1) assist in developing entry level employment opportunities, (2) provide maximum prospects for advancement and continued employment without Federal assistance, and (3) be combined with necessary educational, training, counseling, and transportation assistance, and such other supportive services as may be needed. Such work experience shall be combined, where

1 Subsection (d) added by sec. 13 of the Economic Opportunity Amendments of 1965, 79 Stat. 974975, which also redesignated former subsection (d) as subsection (e) (now subsection (f), see note 2, infra). 2 Subsection (e) was added by sec. 206 of the Economic Opportunity Amendments of 1966, 80 Stat. 1458, which also redesignated former subsection (e) (see note 1, supra) as subsection (f).