(a) Within 6 months from the date it receives notice from EDA of the minority representation requirements, § 311.61, the organization shall develop a written plan describing the means through which EDA's minority representation requirements will be met. The plan shall include the following information:

(1) The total population and the minority population of the area served by the organization.

(2) A listing of all political, civic, religious, fraternal, professional, and social organizations substantially representative of the minority groups in the area served.

(3) Numerical goals for minority representation and projected size of the governing board and Executive Committee.

(4) A description of the method and steps by which the minority representation requirements will be achieved.

(5) A timetable scheduling the dates by which such steps will be taken. (6) Revisions of bylaws.

(7) The efforts already undertaken to achieve minority representation.

(b) The plan should be based on the model procedure outlined in § 311.63 (a) or an alternate procedure which the organization deems appropriate.

(c) The plan shall be implemented by the organization as soon as practicable, but no later than 1 year from the date of approval. At that time the organization shall submit an implementation report outlining how the plan has been implemented and describing the makeup of the governing board and the Executive Committee. § 311.67

New area OEDP committees.

(a) After June 1, 1971 an area OEDP committee must certify that it has met the minority representation requirements established in § 311.61 prior to the approval by EDA of an initial OEDP. The committee should use the procedures found in § 311.63 (a) (1) or an alternative procedure which it has developed.

(b) The initial OEDP shall include a list of the members of the OEDP committee with an indication of race and description of the methods through which the minority representation requirement was met.

§ 311.68 Area OEDP committees established before June 1, 1971.

Each area OEDP committee established before June 1, 1971 shall be required to meet the minority representation requirements established in § 311.61. The first annual OEDP report required by EDA after June 1, 1972 shall include a list of the members of the OEDP committee with an indication of race and a description of the methods through which the minority representation requirement was met.

§ 311.69

Reporting procedures.

(a) After EDA's requirements for minority representation have been met, each planning and development organization and area OEDP committee will be required to report annually to EDA its minority membership and/or the membership of all governing bodies and functional committees.

(b) The report shall include the following:

(1) Names of members.
(2) County of residence.

(3) Racial or ethnic origins of each member.

(4) Composition of each organization, governing body, and committees.

(5) Total population of the area served by the organization or OEDP committee, based on the most recent available data.

(6) Minority population of the area served by the organization or OEDP committee, based on the most recent available data.

(c) Each organization subject to the requirements of § 311.70 shall also include a report on the progress made under its affirmative action program.

§ 311.70 Affirmative action programs.

Under the Department of Commerce title VI regulations, recipients of EDA financial assistance are required to take affirmative action to insure that job applicants are employed, and treated during employment, without regard to their race, color, or national origin. As part of the implementation of this requirement, EDA requires that each planning and development organization shall submit a written affirmative action program describing its commitment to employ minorities on its professional and support staff.

The affirmative action program shall include the following:

(a) An analysis of staffing to determine whether minority group members are being underutilized in either professional or clerical job categories. The analysis shall include:

(1) The total population and the minority population in the area served.

(2) The availability of promotable minority employees on the current staff. (3) The anticipated expansion, contraction, and turnover in the staff.

(4) The existence of training institutions capable of training minority group members in the requisite skills.

(5) The degree of training which the organization is reasonably able to undertake as a means of making staff positions available to minority group members.

(b) Goals and timetables.

(1) The planning and development organizations in existence before June 1, 1971 shall establish goals and, where appropriate, timetables for the employment of minorities on its professional and support staff.

(i) The goals and timetables are to correct minority underutilization.

(ii) Timetables should reflect such factors as natural turnover and attrition.

(iii) Timetables should not be based on terminations of staff in order to establish minority representation.

(2) Planning and development organizations established after June 1, 1971 must establish goals on the basis of paragraph (a) of this section.

(3) The minority members on the staff of each organization should in general reflect the ratio of minority representation required for the board of directors. (c) A statement of the organization's equal employment opportunity policy.

(d) A list of sources for minority recruitment.

(e) The name of the person designated by the organization as the director or manager of the affirmative action program. The person designated should have the authority and responsibility for effectively implementing the affirmative action program.

(f) Evidence that the organization has validated job requirements to insure that the requirements are reasonable and do not include experience factors which would automatically exclude otherwise qualified minority candidates. § 311.71 Submission of affirmative action program.

(a) Each organization established after June 1, 1971 shall submit its af

firmative action program with the application for funding, or in case funds are not requested, as part of the OEDP.

(b) Each organization established before June 1, 1971, shall submit its affirmative action program with the report required by § 301.65 (a) of this chapter or with the implementation report required by § 301.66 (b) of this chapter. § 311.72 Determination of satisfactory affirmative action program.

(a) The Civil Rights Specialist shall: (1) Evaluate each affirmative action program and where necessary, negotiate with the planning and development organizations to correct any deficiencies.

(2) Prepare a written evaluation of each affirmative action program.

(b) The Director, Office of Civil Rights, shall determine whether each affirmative action program is satisfactory. In those instances where the Director determines that the affirmative action program is unacceptable, EDA shall so inform the organization submitting the program and shall negotiate with the organization to correct any deficiencies.

§ 311.73 Compliance review procedures.

(a) In order to determine whether planning and development organizations and area OEDP committees are complying with the provisions of this subpart, EDA shall conduct periodic compliance reviews which shall include evaluation of:

(1) The performance of the organization in meeting its quantitative goals and timetables for minority participation.

(2) The performance of the organization in assuring that minority representatives actually participate in the business of the organization.

(3) The performance of the organization with regard to employment of minorities on its staff.

(b) In evaluating these elements of compliance, the Civil Rights Specialist shall utilize standards set forth in the planning and development organization's or area OEDP committee's initial OEDP, or latest affirmative action program, these standards having been approved by EDA during their formulation.

§ 311.74 Noncompliance procedures.

(a) Where compliance reviews, or reviews of required reports indicate a failure to comply with this subpart, the Di

rector, Office of Civil Rights, shall in coordination with the Regional Director, notify the planning and development organizations or area OEDP committee and the matter will be resolved by informal means whenever possible.

(b) If the Director, Office of Civil Rights, in coordination with the Regional Director, determines that the matter cannot be resolved by informal means, they shall, through the Deputy

Assistant Secretary for Economic Development Planning, recommend to the Assistant Secretary that compliance be effected by the suspension or termination of assistance or the refusal to grant or to continue assistance, or by any other means authorized by law.

(c) Any procedures taken to effect compliance must be consistent with the Department of Commerce Civil Rights regulations (15 CFR Part 8, Subpart B).

PART 400-RULES OF ORGANIZATION

§ 400.3

These rules are issued by the Emergency Loan Guarantee Board (the Board) pursuant to the requirement of section 552 of Title 5 of the United States Code that every agency shall publish in the FEDERAL REGISTER a description of its central and field organization.

$400.2 Composition.

The Board consists of the Secretary of the Treasury, who acts as chairman, the Chairman of the Board of Governors of the Federal Reserve System, and the Chairman of the Securities and Exchange Commission. All decisions of the Board are made by majority vote. The Board exercises authority conferred upon it by the Emergency Loan Guarantee Act of August 9, 1971 (Public Law 9270) (the Act).

137 F.R. 16933, Aug. 23, 1972.

Meetings.

The Board meets, on call of the Chairman, at such times as are necessary in order to consider matters requiring action by the Board. An agenda for each meeting is distributed to members of the Board at least 5 days prior to the date of the meeting, together with copies of material relevant to the agenda items. If any persons representing a borrowing enterprise or a lending institution is invited to appear before the Board at a scheduled meeting, such person is requested to submit a written statement in advance of such meeting regarding the matters to be presented by him. § 400.4

Staff.

(a) Executive Director and General Counsel. The Executive Director and General Counsel of the Board advises and assists the Board in carrying out its responsibilities under the Act, provides general direction with respect to the administration of the Board's functions, and furnishes the Board with legal advice as occasion requires.

(b) Secretary. The Secretary of the Board advises and assists the Board in carrying out its responsibilities under the Act, prepares minutes of each meeting of the Board, has custody of all records of the Board, and performs such other duties as the Board may require.

(c) Others. Members of the staffs of the Department of the Treasury, the

84-053-73-23