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low-income residents, in the planning and decisionmaking regarding the development of their community; and

(3) will carry out its design and planning services principally through the voluntary participation of professional and community personnel (including, where available, VISTA volunteers).

(c) Design and planning organizations receiving assistance under this section shall not subcontract with any profitmaking organization or pay fees for architectural or other professional services.

(d) The Director shall make whatever arrangements are necessary to continue pilot or demonstration projects of demonstrated effectiveness of the type described in this section receiving assistance under section 2825 of this title during the fiscal year ending June 30, 1971. (Pub. L. 88-452, title II § 226, as added Pub. L. 92-424, § 14, Sept. 19, 1972, 86 Stat. 693.)

§ 2814. Youth recreation and sports program.

(a) In order to provide to disadvantaged youth recreation and physical fitness instruction and competition with high-quality facilities and supervision and related educational and counseling services (including instruction concerning study practices, career opportunities, job responsibilities, health and nutrition, and drug abuse education) through regular association with college instructors and athletes and exposure to college and university campuses and other recreational facilities, the Director shall make grants or enter into contracts for the conduct of an annual youth recreation and sports program concentrated in the summer months and with continued activities throughout the year, so as to offer disadvantaged youth living in areas of rural and urban poverty an opportunity to receive such recreation and educational instruction, information, and services and to participate in such physical fitness programs and sports competitions.

(b) No assistance may be provided under this section unless satisfactory assurances are received that (1) not less than 90 per centum of the youths participating in each program to be assisted under this section are from families with incomes below the poverty level, as determined by the Director, and that such participating youths and other neighborhood residents, through the involvement of the appropriate community action agency or otherwise, will have maximum participation in program planning and operation and (2) all significant segments of the low-income population of the community to be served will be served on an equitable basis in terms of participating youths and instructional and other support personnel.

(c) Programs under this section shall be administered by the Director through grants or contracts with any qualified organization of colleges and universities or such other qualified nonprofit organizations active in the field with access to appropriate recreational facilities as the Director shall determine in accordance with regulations which he shall prescribe. Each such grant or contract and subcontract with participating institutions of higher education or other qualified organizations active in the field shall contain provisions to assure that the

program to be assisted will provide a non-Federal contribution (in cash or in kind) of no less than 20 per centum of the direct costs necessary to carry out the program. Each such grant, contract, or subcontract shall include provisions for

(1) providing opportunities for disadvantaged youth to engage in competitive sports and receive sports skills and physical fitness instruction and education in good health and nutrition practices;

(2) providing such youth with instruction and information regarding study practices, career opportunities, job responsibilities, and drug abuse;

(3) carrying out continuing related activities throughout the year;

(4) meeting the requirements of subsection (b) of this section;

(5) enabling the contractor and institutions of higher education or other qualified organizations active in the field located conveniently to such areas of poverty and the students and personnel of such institutions or organizations active in the field to participate more fully in the community life and in solutions of community problems; and (6) serving metropolitan centers of the United States and rural areas, within the limits of program resources.

(Pub. L. 88-452, title II, § 227, as added Pub. L. 92-424, § 14, Sept. 19, 1972, 86 Stat. 693.)

§ 2815. Consumer action and cooperative programs.

(a) The Director shall make grants or enter into contracts to provide financial assistance for the development, technical assistance to and conduct of consumer action and advocacy and cooperative programs, credit resources development programs, and consumer protection and education programs designed to demonstrate various techniques and models and to carry out projects to assist and provide technical assistance to low-income persons to try to improve the quality, improve the delivery, and lower the price of goods and services, to obtain, without undue delay or burden, financial credit at reasonable cost, and to develop means of enforcing consumer rights, developing consumer grievance procedures and presenting consumer grievances, submitting consumer views and concerns for protection against unfair, deceptive, or discriminatory trade and commercial practices and educating low-income persons with respect to such rights, procedures, grievances, views and concerns.

(b) No assistance may be provided under this section unless the grantee or contracting organization or agency is a nonprofit organization and has as a primary function the goal of bringing about, through the involvement of the appropriate community action agency or otherwise, maximum possible participation of low-income persons in the project.

(c) The Director shall make whatever arrangements are necessary to continue pilot or demonstration projects of demonstrated effectiveness, or which have not yet been evaluated until such time as an evaluation is conducted and the effectiveness determined and to carry out evaluations of such projects, of the type described in this section receiving assistance under section 2825 of this title during the

fiscal year ending June 30, 1971 or June 30, 1972. (Pub. L. 88-452, title II, § 228 as added Pub. L. 92-424, § 14, Sept. 19, 1972, 86 Stat. 694.)

PART C.-SUPPLEMENTAL PROGRAMS AND ACTIVITIES § 2824. State agency assistance; termination of assistance, hearing.

(d) If any member of a board to which section 2791(b) of this title is applicable files an allegation with the Director that an agency receiving assistance under this section is not observing any requirement of this chapter, or any regulation, rule, or guideline promulgated by the Director under this chapter, the Director shall promptly investigate such allegation and shall consider it; and, if after such investigation and consideration he finds reasonable cause to believe that the allegations are true, he shall hold a hearing, upon the conclusion of which he shall notify all interested persons of his findings. If he finds that the allegations are true, and that, after being afforded a reasonable opportunity to do so, the agency has failed to make appropriate corrections, he shall forthwith terminate further assistance under this subchapter to such agency until he has received assurances satisfactory to him that further violations will not occur. (As amended Pub. L. 92-424, § 15, Sept. 19, 1972, 86 Stat. 695.)

AMENDMENTS

1972 Subsec. (d). Pub. L. 92-424 added subsec. (d).

§ 2825. Research and pilot programs.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2813, 2815 of this title.

§ 2826. Repealed. Pub. L. 92-424, § 27(b)(1), Sept. 19, 1972, 86 Stat. 705.

Section, Pub. L. 88-452, title II, § 233, as added Pub. L. 90-222, title I, § 104, Dec. 23, 1967, 81 Stat. 704, related to evaluations, reports, and independent studies, and is now covered by subchapter IX of this chapter.

§ 2827. Special assistance.

The Director may provide financial assistance for projects conducted by public or private nonprofit agencies which are designed to serve groups of lowincome individuals who are not being effectively served by other programs under this subchapter. In administering this section, the Director shall give special consideration to programs designed to assist older persons and other low-income individuals who do not reside in low-income areas and who are not being effectively served by other programs under this subchapter. (Pub. L. 88-452, title II, § 234, as added Pub. L. 92-424, § 16, Sept. 19, 1972, 86 Stat. 695.)

PART D.-GENERAL AND TECHNICAL PROVISIONS § 2836. Special limitations.

The following special limitations shall apply, as indicated, to programs under this subchapter.

(8) Consistent with the provisions of this chapter, the Director shall assure that financial assistance under this subchapter will be distributed on an equitable basis in any community

and within any State so that all significant segments of the low-income population are being served.

(As amended Pub. L. 92-424, § 17, Sept. 19, 1972, 86 Stat. 695.)

AMENDMENTS

1972-Par. (8). Pub. L. 92-424 added par. (8).

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume.

§ 2837. Duration of program.

The Director shall carry out the programs provided for in 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 III.-SPECIAL PROGRAMS TO COMBAT POVERTY IN RURAL AREAS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 2702b, 2949 of this title; title 29 section 774.

PART B.-ASSISTANCE FOR MIGRANT, AND OTHER SEASONALLY EMPLOYED FARMWORKERS AND THEIR FAMILIES

§ 2861. Congressional statement of purpose.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 29 section 774. § 2862. Financial assistance.

(b) Programs assisted under this part may include projects or activities

(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 employment or training programs.

(As amended Pub. L. 92-424, § 18, Sept. 19, 1972, 86 Stat. 696.)

AMENDMENTS

1972 Subsec. (b) (3). Pub. L. 92-424 provided for Government employment programs.

§ 2864. Technical assistance and training.

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 puropses of this subchapter. (As amended Pub. L. 92-424. § 27(b) (1), (3), Sept. 19, 1972, 86 Stat. 705.)

AMENDMENTS

1972-Pub. L. 92-424 struck out subsec. (b) requiring the Director to provide evaluation of subchapter projects, permitting him to secure independent evaluations, and providing for publication of the evaluations and for summarized inclusion in the report required by section 2948 of this title, now covered by subchapter IX of this chapter, and struck out subsec. (a) designation, respectively.

PART C.-DURATION OF PROGRAM

§ 2871. Duration of program.

The Director shall carry out the programs provided for in 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 IV.-EMPLOYMENT AND

INVESTMENT INCENTIVES

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 2982a of this title.

§ 2902. Loans, participations, and guarantees to small businesses.

(a) Deferred payments; limitations; private assist

ance.

The Administrator of the Small Business Administration is authorized to make, participate (on an immediate basis) in, or guarantee loans, repayable in not more than fifteen years, to any small business concern (as defined in section 632 of Title 15 and regulations issued thereunder), or to any qualified person seeking to establish such a concern, when he determines that such loans will assist in carrying out the purposes of this subchapter, with particular emphasis on the preservation or establishment of small business concerns located in urban or rural areas with high proportions of unemployed or lowincome individuals or owned by low-income individuals: Provided, however, That no such loans shall be made, participated in, or guaranteed if the total of such Federal assistance to a single borrower outstanding at any one time would exceed $50,000. The Administrator of the Small Business Administration may defer payments on the principal of such loans for a grace period and use such other methods as he deems necessary and appropriate to assure the successful establishment and operation of such concern. The Administrator of the Small Business Administration may, in his discretion, as a condition of such financial assistance, require that the borrower take steps to improve his management skills by participating in a management training program approved by the Administrator of the Small Business Administration: Provided, however, That any management training program so approved must be of sufficient scope and duration to provide reasonable opportunity for the individuals served to develop

entrepreneurial and managerial self-sufficiency. The Administrator of the Small Business Administration shall encourage, as far as possible, the participation of the private business community in the program of assistance to such concerns, and shall seek to stimulate new private lending activities to such concerns through the use of the loan guaranties, participations in loans, and pooling arrangements authorized by this section.

(As amended Pub. L. 92-320, § 2, June 27, 1972, 86 Stat. 382.)

AMENDMENTS

1972 Subsec. (a). Pub. L. 92-320 substituted "$50,000" for "$25,000".

§ 2907. Duration of program.

The Administrator of the Small Business Administration and the Secretary of Commerce shall carry out the programs provided for in this subchapter during the fiscal year ending June 30, 1967, and the eight succeeding fiscal years. (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 V.-WORK EXPERIENCE,
TRAINING, AND DAY CARE PROGRAMS
PART B.-DAY CARE PROJECTS

§ 2932. Financial assistance for day care projects.

*

(d) Program coordination.

The Director and the Secretary of Health, Education, and Welfare shall take all necessary steps to coordinate programs under their jurisdictions which provide day care, with a view to establishing, insofar as possible, a common set of program standards and regulations, and mechanisms for coordination at the State and local levels. Such standards shall be no less comprehensive than the Federal interagency day care requirements as approved by the Department of Health, Education, and Welfare, the Office of Economic Opportunity, and the Department of Labor on September 23, 1968. In approving applications for assistance under this part, the Director shall take into consideration (1) the extent to which applicants show evidence of coordination and cooperation between their projects and other day care programs in the areas which they will serve and (2) the extent to which unemployed or low-income individuals are to be employed, including individuals receiving or eligible to receive assistance under the Social Security Act.

(As amended Pub. L. 92-424, § 19, Sept. 19, 1972, 86 Stat. 696.)

AMENDMENTS

1972-Subsec. (d). Pub. L. 92-424 provided that day care standards be no less comprehensive than the Federal interagency day care requirements as were approved by Federal authorities on Sept. 23, 1968.

§ 2933. Duration of program.

The Director shall carry out the programs provided for in this part during the fiscal year ending June 30,

1968, and the seven succeeding fiscal years. (As amended Pub. L. 92-424, § 2(b), Sept. 19, 1972, 86 Stat. 688.)

AMENDMENTS

1972-Pub. L. 92-424 substituted "seven" for "four" succeeding fiscal years.

SUBCHAPTER VI.-ADMINISTRATION AND

COORDINATION

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 2702b, 2809 of this title.

PART A.-ADMINISTRATION

§ 2941. Office of Economic Opportunity.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume.

§ 2942. Authority of Director.

COMMUNITY ACTION PROGRAMS AND COMMUNITY ECONOMIC DEVELOPMENT POWERS NOT SUBJECT TO DELEGATION Section 28 of Pub. L. 92-424, Sept. 19, 1972, 86 Stat. 705, provided that: "Notwithstanding the provisions of section 602 (d) of the Economic Opportunity Act of 1964 [subsec. (d) of this section], the Director of the Office of Economic Opportunity shall not delegate his functions under section 221 and title VII of such Act [section 2808 of this title and subchapter VII of this chapter] to any other agency."

TRANSFER OF FUNCTIONS

Transfer to Director of Action of functions of Director of Office of Economic Opportunity under sections 29912994d of this title and so much of other functions incidental to or necessary for performance of the transferred functions, including, to the same extent, functions conferred upon Director of Office of Economic Opportunity by this section, see section 2(a)(1), (4) of 1971 Reorg. Plan No. 1, eff. July 1, 1971, 36 F.R. 11181, 85 Stat. 819, set out under section 2992 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 29 section 929.

§ 2943. Political activities of personnel of overall community action agencies; rules and regulations.

*

(c) No part of any funds appropriated to carry out this chapter, subpart (1) of part B of title V of the Higher Education Act of 1965, or any program administered by ACTION shall be used to finance, directly or indirectly, any activity designed to influence the outcome of any election to Federal office, or any voter registration activity, or to pay the salary of any officer or employee of the Office of Economic Opportunity, the Teacher Corps, or ACTION, who, in his official capacity as such an officer or employee, engages in any such activity. As used in this section, the term "election" has the same meaning given such term by section 431 (a) of Title 2, and the term "Federal office" has the same meaning given such term by section 431 (c) of Title 2. (As amended Pub. L. 92-424, § 20, Sept. 19, 1972, 86 Stat. 696.)

REFERENCES IN TEXT

Subpart 1 of part B of title V of the Higher Education Act of 1965, referred to in subsec. (c), is classified to section 1101 et seq. of Title 20, Education.

AMENDMENTS

1972 Subsec. (c). Pub. L. 92-424 added subsec. (c). § 2945. National Advisory Council on Economic Opportunity.

TERMINATION OF ADVISORY COUNCILS Advisory Councils in existence on January 5, 1973, to terminate not later than the expiration of the two-year period following January 5, 1973, unless, in the case of a Council established by the President or an officer of the Federal Government, such Council is renewed by appropriate action prior to the expiration of such two-year period, or in the case of a council established by the Congress, its duration is otherwise provided for by law, see sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 29 section 924.

§ 2948. Annual reports.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2984b, 2995c of this title.

§ 2949. Definitions.

As used in this chapter

(1) the term "State" means a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, or the Virgin Islands, and for purposes of subchapters I, II, part A of subchapter III, and subchapter IV of this chapter the meaning of "State" shall also include the Trust Territory of the Pacific Islands; except that when used in section 2812 of this title this term means only a State, Puerto Rico, or the District of Columbia. The term "United States" when used in a geographical sense includes all those places named in the previous sentence, and all other places continental or insular, subject to the jurisdiction of the United States;

(5) the term "lower living standard budget" means that income level (adjusted for regional and metropolitan, urban and rural differences and family size) determined annually by the Bureau of Labor Statistics of the Department of Labor and referred to by such Department as the "lower living standard budget".

(As amended Pub. L. 92-424, §§ 12(b), 21, Sept. 19, 1972, 86 Stat. 692, 696.)

AMENDMENTS

1972-Par. (1). Pub. L. 92-424, § 12(b), defined term "State" to also mean Puerto Rico when used in section 2812 of this title.

Par. (5). Pub. L. 92-424 added par. (5).

EFFECTIVE DATE OF 1972 AMENDMENT Section 12(b) of Pub. L. 92-424 provided in part that amendment of par. (1) of this section by such section 12(b) shall be effective after June 30, 1972.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 29 section 916.

§ 2965. Duration of program.

The Director shall carry out the programs provided for in 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.

§ 2966. Transfer of funds.

Notwithstanding any limitation on appropriations for any program or activity under this chapter or any Act authorizing appropriations for such program or activity, not to exceed 10 per centum for fiscal years ending prior to July 1, 1970, and not to exceed 15 per centum for fiscal years ending prior to July 1, 1972, and not to exceed 20 per centum for fiscal years ending thereafter; of the amount appropriated or allocated from any appropriation for the purpose of enabling the Director to carry out any such program or activity under this chapter may be transferred and used by the Director for the purpose of carrying out any other such program or activity under this chapter. (As amended Pub. L. 92-424, § 4, Sept. 19, 1972, 86 Stat. 690.)

AMENDMENTS

1972-Pub. L. 92-424 substituted "not to exceed 15 per centum for fiscal years ending prior to July 1, 1972, and not to exceed 20 per centum for fiscal years ending thereafter", for "15 per centum for fiscal years ending thereafter" and struck out prohibition against transfer of funds where the transfer results in increasing the amounts otherwise available for any program by more than 100 per centum in the case of any program for which the amounts otherwise available are $10,000,000 or less or more than 35 per centum in the case of a program for which the amounts otherwise available exceed $10,000,000.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2702b of this title.

§ 2971b. Guidelines, etc.; publication in Federal Register.

All rules, regulations, guidelines, instructions, and application forms published or promulgated pursuant to this chapter shall be published in the Federal Register at least thirty days prior to their effective date. (Pub. L. 88-452, title VI, § 623, as added Pub. L. 92-424, § 22, Sept. 19, 1972, 86 Stat. 696.)

§ 2971c. Nondiscrimination provisions.

(a) The Director shall not provide financial assistance for any program under this chapter unless the grant, contract, or agreement with respect to such program specifically provides that no person with respsonsibilities in the operation of such program will discriminate with respect to any such program because of race, creed, color, national origan, sex, political affiliation, or beliefs.

(b) No person in the United States shall on the ground of sex be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with, any program or activity receiving assistance under this chapter. The Director shall enforce the provisions of the preceding sentence in accordance with section 2000d-1 of this title. Section 2000d-2 of this title shall apply with respect to any action taken by the Director to enforce such sentence. This section shall not be construed as affecting any other legal remedy that a person may have if that person is excluded from participation in, denied the benefits

of, subjected to discrimination under, or denied employment in connection with any program or activity receiving assistance under this chapter. (Pub. L. 88452, title VI, § 624, as added Pub. L. 92-424, § 23, Sept. 19, 1972, 86 Stat. 696.)

§ 2971d. Poverty line.

(a) Every agency administering programs authorized by this chapter in which the poverty line is a criterion of eligibility shall revise the poverty line at annual intervals, or at any shorter interval it deems feasible and desirable.

(b) The revision required by subsection (a) of this section shall be accomplished by multiplying the official poverty line (as defined by the Office of Management and Budget) by the average percentage change in the consumer price index during the annual or other interval immediately preceeding the time at which the revision is made.

(c) Revisions required by subsection (a) of this section shall be made and issued not more than thirty days after the date on which the necessary consumer price index data becomes available. (Pub. L. 88-452, title VI, § 625, as added Pub. L. 92-424, § 24, Sept. 19, 1972, 86 Stat. 697.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2702b, 5061 of this title.

PART B.-COORDINATION

§ 2974. Responsibilities of the Director.

In addition to his other powers under this chapter, and to assist the President in coordinating the antipoverty efforts of all Federal agencies, the Director shall

(2) consult with interested agencies and groups, including State agencies described in section 2824 of the title and the National Advisory Council, with a view to identifying coordination problems that may warrant consideration by the Council or the President and, to the extent feasible or appropriate, initiate action for overcoming those problems, either through the Office of Economic Opportunity or in conjunction with other Federal, State, or local agencies; and

(As amended Pub. L. 92-424, § 27(b) (2), Sept. 19, 1972, 86 Stat. 705.)

AMENDMENTS

1972-Pub. L. 92-424 struck out introductory item (2) requirement that the Director carry on a continuing evaluation of all activities under this chapter, now covered by subchapter IX of this chapter.

§ 2979. Special responsibilities; training programs.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 29 section 922.

SUBCHAPTER VII.-COMMUNITY ECONOMIC DEVELOPMENT

COMMUNITY ECONOMIC DEVELOPMENT POWERS NOT
SUBJECT TO DELEGATION

Prohibition against delegation of Director functions under this subchapter 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.

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