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Section 2769c, Pub. L. 88-452, title I, § 164, as added Pub. L. 91-177, title II, § 201, Dec. 30, 1969, 83 Stat. 835, set out certain special conditions covering special work and career development programs. See section 984 of Title 29.

Section 2769d, Pub. L. 88-452, title I, § 165, as added Pub. L. 91-177, title II, § 201, Dec. 30, 1969, 83 Stat. 835, set out criteria for program participants. See section 811 et seq. of Title 29.

Section 2769e, Pub. L. 88-452, title I, § 166, as added Pub. L. 91-177, title II, § 201, Dec. 30, 1969, 83 Stat. 835, set out criteria for equitable distribution of assistance among States. See section 811 et seq. of Title 29.

Section 2769f, Pub. L. 88-452, title I, § 167, as added Pub. L. 91-177, title II, § 201, Dec. 30, 1969, 83 Stat. 836, set limitations on Federal assistance. See section 984 of Title 29.

EFFECTIVE DATE OF REPEAL

Section 614 of Pub. L. 93-203 provided in part that the repeal of these sections is effective with respect to fiscal years after June 30, 1974.

AVAILABILITY OF UNEXPENDED APPROPRIATIONS FOR USE IN CARRYING OUT SUCCESSOR PROVISIONS

Unexpended appropriations for carrying out these sections to be made available to carry out the Comprehensive Employment and Training Act of 1973, section 801 et seq. of Title 29, Labor, as directed by the President, see section 614 of Pub. L. 93-203, set out in part as a note under section 801 of Title 29.

PART F.-DURATION OF PROGRAMS

§ 2771. Duration of programs.

The Director shall carry out the programs under this subchapter during the fiscal year ending June 30, 1967, and the eight succeeding fiscal years. For each such fiscal year only such sums may be appropriated as the Congress may authorize by law. (As amended Pub. L. 92-424, § 2(a), Sept. 19, 1972, 86 Stat. 688.)

AMENDMENTS

1972-Pub. L. 92-424 substituted "eight" for "five" succeeding fiscal years.

SUBCHAPTER II.-URBAN AND RURAL COMMUNITY ACTION PROGRAMS.

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 2702b, 5012 of this title.

PART A.-COMMUNITY ACTION AGENCIES AND

PROGRAMS

§ 2791. Community action agencies and boards.

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(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 elected public officials, or their representatives, except that if the number of elected officials reasonably available and willing to serve is less than one-third of the membership of the board, membership on the board of appointive public officials may be counted in meeting such one-third requirement, (2) at least 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 nd 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 five consecutive years, or more than a total of ten years.

(g) Sabbath Days; prohibition of elections or other democratic selection procedures.

The Director shall ensure that no election or other democratic selection procedure conducted pursuant to clause (2) of subsection (b), or pursuant to clause (2) of subsection (f) of this section, shall be held on a Sabbath Day which is observed as a day of rest and worship by residents in the area served. (As amended Pub. L. 92-424, §§ 6, 7, Sept. 19, 1972, 86 Stat. 690.)

AMENDMENTS

1972-Subsec. (b). Pub. L. 92-424, § 7, substituted "elected public officials, or their representatives, except that if the number of elected officials reasonably available and willing to serve is less than one-third of the membership of the board, membership on the board of appointive public officials may be counted in meeting such one-third requirement", for "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 membership of the board", and increased limitation on term of service as member of board from "three" to "five" consecutive years and from "six" to "ten" years of total service.

Subsec. (g). Pub. L. 92-424, § 6, added subsec. (g).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2824 of this title.

PART B.-FINANCIAL ASSISTANCE TO COMMUNITY ACTION PROGRAMS AND RELATED ACTIVITIES

§ 2808. General provisions for financial assistance. COMMUNITY ACTION PROGRAM POWERS NOT SUBJECT TO DELEGATION

Prohibition against delegation of Director functions under this section to any other agency, see section 28 of Pub. L. 92-424, Sept. 19, 1972, 86 Stat. 705, set out as a note under section 2942 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2702b, 2809 of this title.

§ 2809. Special programs and assistance.

(a) Authority of Director; conditions and criteria. 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, wherever 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) Project Headstart; participation of the nonpoor; fee schedule.

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 in accordance with an appropriate fee schedule established by the Secretary of Health, Education, and Welfare, based upon the ability of the family to pay, which payment may be made in whole or in part by a third party in behalf of such family, except that any such charges with respect to any family with an income of less than the lower living standard budget shall not exceed the sum of (i) an amount equal to 10 per centum of any family income which exceeds $4,320 but does not exceed 85 per centum of such lower living standard budget, and (ii) an amount equal to 15 per centum of any family income which exceeds 85 per centum of such lower living standard budget but does not exceed 100 per centum of such lower living standard budget, and if more than two children from the same family are participating, additional charges may be made not to exceed the sum of the amounts calculated in accordance with clauses (i) and (ii) with respect to each additional child. No charge will be made with respect to any child who is a member of any family with an annual income equal to or less than $4,320, with appropriate adjustments in the case of families having more than two children, except to the extent that payment will be made by a third party. Funds appropriated for the purpose of carrying out this section shall be used first to continue ongoing Headstart projects, or new projects serving the children from low-income families which were being served during the preceding fiscal year. There shall be reserved for such projects from such funds an amount at least equal to the aggregate amount

received by public or private agencies or organizations during the preceding fiscal year for programs under this section. The Secretary shall defer the implementation of a fee schedule established under this paragraph until July 1, 1975.

(2) Follow Through.

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 their 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) Legal Services.

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, except 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) Comprehensive Health Services.

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

(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 pursuant to such regulations as the Director may prescribe, persons provided assistance through programs assisted under this paragraph who are not members of low-income families may be required to make payment, or have payment made in their behalf, in whole or in part for such assistance.

(5) Emergency Food and Medical Services.

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) Family Planning.

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 coordiate, 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) Senior Opportunities and Services.

A program to be known as "Senior Opportunities and Services" designed to identfy 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 additonal 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) Alcoholic Counseling and Recovery.

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.

(9) Drug Rehabilitation program; employment opportunities and maintenance in employment

programs.

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, hallu

cinogens, 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. The Director is authorized to undertake special programs aimed at promoting employment opportunities for rehabilitated addicts or addicts enrolled and participating in methadone maintenance treatment or therapeutic programs, and assisting employers in dealing with addiction and drug abuse and dependency problems among formerly hardcore unemployed so that they can be maintained in employment. In undertaking such programs, the Director shall give special priority to veterans and employers of significant numbers of veterans, with priority to those areas within the States having the highest percentages of addicts. The Director is further authorized to establish procedures and policies which will allow clients to complete a full course of rehabilitation even though they become nonlow-income by virtue of becoming employed as a part of the rehabilitation process but there shall be no change in income eligibility criteria for initial admission to treatment and rehabilitation programs under this chapter.

(10) Environmental Action.

An "Environmental Action" program through which low-income persons will be paid for work (which would not otherwise be performed) on projects designed to combat pollution or to improve the environment. Projects may include, without limitation: cleanup and sanitation activities, including solid waste removal; reclamation and rehabilitation of eroded or ecologically damaged areas, including areas affected by strip mining; conservation and beautification activities, including tree planting and recreation area development; the restoration and maintenance of the environment; and the improvement of the quality of life in urban and rural areas.

(11) Rural Housing Development and Rehabilita

tion; services of enrollees in Mainstream programs; loans: repayment period, interest rate, waiver of interest, annual recertification of family income and adjustment of monthly loan payments.

A program to be known as "Rural Housing Development and Rehabilitation" designed to assist low-income families in rural areas to construct and acquire ownership of adequate housing, to rehabilitate or repair existing substandard units in such areas, and to otherwise assist families in obtaining standard housing. Financial assistance under this paragraph shall be provided to nonprofit rural housing development corporations and cooperative serving areas which are defined by the Farmers Home Administration as rural areas, and shall be used for, but not limited to, such purposes as administrative expenses; revolving development funds; nonrevolving land, land development and construction writedowns; rehabilitation or re

pair of substandard housing; and loans to low-income families. In the construction, rehabilitation, and repair of housing for low-income families under this paragraph, the services of persons enrolled in Mainstream programs may be utilized. Loans under this paragraph may be used for, but not limited to, such purposes as the purchase of new housing units, the repair, rehabilitation and purchase of existing units, and to supplement existing Federal loan programs in order that lowincome families may benefit from them. The repayment period of such loans shall not exceed thirty-three years. No loans under this paragraph shall bear an interest rate of less than 1 per centum per annum, but if the Director, after having examined the family income of the applicant, the projected housing costs of the applicant, and such other factors as he deems appropriate, determines that the applicant would otherwise be unable to participate in this program, he may waive the interest in whole or in part and for such periods of time as he may establish except that (1) no such waiver may be granted to an applicant whose adjusted family income (as defined by the Farmers Home Administration) is in excess of $3,700 per annum and (2) any applicant for whom such a waiver is provided shall be required to commit at least 20 per centum of his adjusted family income toward the mortgage debt service and other housing costs. Family incomes shall be recertified annually, and monthly payments for all loans under this paragraph adjusted accordingly.

(As amended Pub. L. 92-424, §§ 8-11, Sept. 19, 1972, 86 Stat. 690, 691; Pub. L. 93-202, Dec. 28, 1973, 87 Stat. 838.)

AMENDMENTS

1973-Subsec. (a)(1). Pub. L. 93-202 substituted provisions that the Secretary shall defer the implementation of a fee schedule established under this paragraph until July 1, 1975, for provisions that the Secretary may defer, but not later than April 1, 1973, the establishment of a fee schedule under this paragraph upon certification that the establishment of such fee schedule would hinder the orderly operation of such projects prior to such time.

1972 Subsec. (a) (1). Pub. L. 92-424, § 8, substituted for former provisions requiring a family which is not low income to make payment, or have payment made in its behalf, in whole or in part for services where family's income is, or becomes through employment or otherwise, such as to make such payment appropriate, provisions respecting payment in accordance with a fee schedule established by the Secretary not later than Apr. 1, 1973, under a certification of the Secretary, payment by third parties, computation of charges in cls. (1) and (ii) and for additional children, prohibition of charges when annual family income below prescribed amount, order of use of funds, and reservation of funds for projects based upon aggregate amount received during prior fiscal year. Subsec. (a) (4) (A) (ii). Pub. L. 92-424, § 9, substituted in the proviso "pursuant to such regulations as the Director may prescribe, persons provided assistance through programs assisted under this paragraph who are not members of low-income families may be required to make payment, or have payment made in their behalf, in whole or in part for such assistance" for "such services may be available on an emergency basis or pending a determination of eligibility to all residents of such areas".

Subsec. (a) (8). Pub. L. 92-424, § 10(a), struck out end sentence requiring the Director to reserve and make available for the Alcoholic Counseling and Recovery program, out of appropriations or allocations for programs under this subchapter, a minimum of $10,000,000 and $15,000,000 for fiscal years ending June 30, 1970, and 1971, respectively.

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Subsec. (a) (9). Pub. L. 92-424, § 10(b), authorized special programs and assistance for employment opportunities and maintenance in employment, giving priority to veterans and employers of significant numbers of veterans and making clients eligible for completion of rehabilitation course though becoming non-low-income, but retaining income eligibility critera for intitial admission to treatment and rehabilitation, and struck out former end sentence requiring the Director reserve and make available for the Drug Rehabilitation program, out of appropriations or allocations for programs under this subchapter, a minimum of $5,000,000 and $15,000,000 for fiscal years ending June 30, 1970, and 1971, respectively.

Subsec. (a) (10), (11). Pub. L. 92-424, § 11, added pars. (10) and (11).

SENIOR OPPORTUNITIES AND SERVICES; ADDITIONAL
APPROPRIATIONS AUTHORIZATION

Pub. L. 93-29, title VIII, § 805, May 3, 1973, 87 Stat. 60, provided that: "In addition to the amounts authorized to be appropriated and allocated pursuant to the Economic Opportunity Amendments of 1972 [set out under section 2701 of this title], there is further authorized to be appropriated such sums as may be necessary for the fiscal year ending June 30, 1973, and the succeeding fiscal year, to be used for the Senior Opportunities and Services program described in section 222 (a) (7) of the Economic Opportunity Act of 1964 [subsec. (a) (7) of this section]."

SECTION REFERRED TO IN OTHER SECTION

This section is referred to in section 2702b of this title; title 20 section 1087ee.

§ 2812. Allotment of funds; limitations on assistance. (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 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.

(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 uch costs. The Director may, however, approve as

sistance 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. NonFederal contributions may be in cash or in kind, fairly evaluated, including but not limited to plant equipment, or services. The Director shall not require non-Federal contributions in excess of 20 per centum of the approved cost of programs or activities assisted under this chapter. 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.

(As amended Pub. L. 92-424, §§ 12(a), 13, Sept. 19, 1972, 86 Stat. 692.)

AMENDMENTS

1972 Subsec. (a). Pub. L. 92-424, § 12(a), struck out limitation on allotment to Puerto Rico.

Subsec. (c). Pub. L. 92-424, § 13, inserted after the second sentence provision respecting non-Federal contribution ceiling.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 12(a) of Pub. L. 92-424 provided in part that amendment of subsec. (a) of this section by such section 12(a) shall be effective after June 30, 1972.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2949 of this title. § 2813. Design and planning assistance programs. (a) The Director shall make grants or enter into contracts to provide financial assistance for the operating expenses of programs conducted by community-based design and planning organizations to provide technical assistance and professional architectural and related services relating to housing, neighborhood facilities, transportation and other aspects of community planning and development to persons and community organizations or groups not otherwise able to afford such assistance. Such programs shall be conducted with maximum use of the voluntary services of professional and community personnel. In providing assistance under this section, the Director shall afford priority to persons in urban or rural poverty areas with substandard housing, substandard public service facilities, and generally blighted conditions. Design and planning services to be provided by such organizations shall include_

(1) comprehensive community or area planning and development;

(2) specific projects for the priority planning and development needs of the community; and

(3) educational programs directed to local residents emphasizing their role in the planning and development process in the community.

(b) No assistance may be provided under this section unless such design and planning organization— (1) is a nonprofit organization located in the neighborhood or area to be served with a majority of the governing body of such organization comprised of residents of that neighborhood or area;

(2) has a primary function the goal of bringing about, through the involvement of the appropriate community action agency or otherwise, maximum possible participation of local residents, especially

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