EVALUATION SEC. 416. (a) The Director shall periodically measure and evaluate the impact of all programs authorized by this Act, their effectiveness in achieving stated goals in general, and in relation to their cost, their impact on related programs, and their structure and mechanisms for delivery of services. Evaluations shall be conducted by persons not immediately involved in the administration of the program or project evaluated. (b) The Director shall develop and publish general standards for Standards, evaluation of program and project effectiveness in achieving the objec- publication. tives of this Act. Reports submitted pursuant to section 407 shall 87 STAT. 413 describe the actions taken as a result of evaluations carried out under this section. (c) In carrying out evaluations under this title, the Director shall. whenever possible, arrange to obtain the opinions of program and project participants about the strengths and weaknesses of such programs and projects. (d) The Director shall publish summaries of the results of evalua- Summaries tions of program and project impact and effectiveness no later than of results, sixty days after the completion thereof. (e) The Director shall take the necessary action to assure that all studies, evaluations, proposals, and data produced or developed with Federal funds shall become the property of the United States. (f) The Director is authorized to use such sums as are required. but not to exceed 1 per centum of the funds appropriated under this Act, to conduct program and project evaluations (directly, or by grants or contracts) as required by this Act. In the case of allotments from such an appropriation, the amount available for such allotments (and the amount deemed appropriate there for) shall be reduced accordingly. NONDISCRIMINATION SEC. 417. (a) The Director shall not provide financial assistance for any program under this Act unless the grant, contract, or agreement with respect to such program specifically provides that no person with responsibilities in the operation of such program will discriminate with respect to any such program because of race, creed, belief, color. national origin, sex, age, or political affiliation. publication. (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 Act. The Director shall enforce the provisions of the preceding sentence in accordance with section 602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1). Section 603 of such Act shall apply with respect to any 78 Stat. 252, action taken by the Director to enforce such sentence. This section shall 253. 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 Act. ELIGIBILITY FOR OTHER BENEFITS SEC. 418. Notwithstanding any other provision of law, no payment for supportive services or reimbursement of out-of-pocket expenses made to persons serving pursuant to titles II and III of this Act shall Ante, pp. 401, be subject to any tax or charge or be treated as wages or compensation 404. for the purposes of unemployment, temporary disability, retirement. public assistance, or similar benefit payments, or minimum wage laws. This section shall become effective with respect to all payments made Effective after the effective date of this Act. LEGAL EXPENSES SEC. 419. Notwithstanding any other provision of law and to regulations which the Director shall prescribe, counsel may be date. 87 STAT. 414 72 Stat. 384; 81 Stat. 268. Publication in Federal Register. Ante, p. 401. 86 Stat. 697. Recordkeeping. employed and counsel fees, court costs, bail, and other expenses incidental to the defense of volunteers may be paid in judicial or administrative proceedings to which full-time volunteers (or part-time volunteers when such proceeding arises directly out of the performance of activities pursuant to this Act or section 8(b) (1) of the Small Business Act, as amended (15 U.S.C. 637 (b) (1)) serving under this Act have been made parties. GUIDELINES SEC. 420. All rules, regulations, guidelines, instructions, and appli cation forms published or promulgated pursuant to this Act shall be published in the Federal Register at least thirty days prior to their effective date. DEFINITIONS SEC. 421. For the purposes of this Act— (1) the term "Director" means the Director of the ACTION agency; (2) the terms "United States" and "States” mean the several States, the District of Columbia, the Virgin Islands, Puerto Rico. Guam, and American Samoa and, for the purposes of title II of this Act, the Trust Territory of the Pacific Islands; (3) the term "nonprofit" as applied to any agency, institution. or organization means an agency, institution, or organization which is, or is owned and operated by, one or more corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual; and (4) the term "poor" or "low-income" persons, individuals, or volunteers means such individuals whose incomes fall at or below the poverty line as set forth in section 625 of the Economic Opportunity Act of 1964, as amended by Public Law 92-424 (42 U.S.C. 2971d): Provided, That in determining who is "poor" or "lowincome", the Director shall take into consideration existing poverty guidelines as appropriate to local situations. AUDIT SEC. 422. (a) Each recipient of Federal grants, subgrants, contracts, subcontracts, or loans entered into under this Act other than by formal advertising, and which are otherwise authorized by this Act, shall keep such records as the Director shall prescribe, including records which fully disclose the amount and disposition by such recip ient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used. the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (b) The Director and the Comptroller General of the United States, or any of their duly authorized representatives, shall, until the expiration of three years after completion of the project or undertaking referred to in subsection (a) of this section, have access for the purpose of audit and examination to any books, documents, papers, and records of such recipients which in the opinion of the Director or the Comptroller General may be related or pertinent to the grants, contracts, subcontracts, subgrants, or loans referred to in subsection (a). 87 STAT. 415 TITLE V-AUTHORIZATION OF APPROPRIATIONS NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS SEC. 501. (a) There are authorized to be appropriated $37,600,000 for the fiscal year ending June 30, 1974, and such sums as may be necessary each for the fiscal years ending June 30, 1975, and June 30, 1976, for the purpose of carrying out title I of this Act. In each such Ante, p. 396. year, of the sums appropriated pursuant to this title not less than $29,600,000 shall be expended on programs designed to eliminate poverty and poverty-related human, social, and environmental problems. Of this amount not less than $22,300,000 shall be expended on programs authorized under part A of title I in each such fiscal year. (b) Any sums authorized to be appropriated for title I of this Act in excess of $37,600,000 shall be reflected in a commensurate increase in the sums to be made available for part A of such title. NATIONAL OLDER AMERICANS VOLUNTEER PROGRAMS SEC. 502. (a) There are authorized to be appropriated $17,500,000 for the fiscal year ending June 30, 1974, and $20,000,000 each for the fiscal year ending June 30, 1975, and for the fiscal year ending June 30, 1976, respectively, to be used for the purpose of carrying out programs under part A of title II of this Act. Ante, p. 401. (b) (1) There are authorized to be appropriated $32,500,000 for the fiscal year ending June 30, 1974, and $40,000,000 each for the fiscal years ending June 30, 1975, and June 30, 1976, respectively, for the purpose of carrying out programs under part B of such title of which (A) $26,500,000 for the fiscal year ending June 30, 1974, and $32,000,000 each for the fiscal years ending June 30, 1975, and June 30, 1976, respectively, shall be available for such years for grants or contracts under subsection (a) of section 211, and (B) $6,000,000 for the Ante, p. 402. fiscal year ending June 30, 1974, and $8,000,000 each for the fiscal years ending June 30, 1975, and June 30, 1976, respectively, shall be available for such years for grants or contracts under subsection (b) of such section. (2) If the sums authorized to be appropriated under paragraph (1) of this subsection are not appropriated and made available in full for each such fiscal year, then such sums as are appropriated and made available for each such fiscal year shall be allocated so that— (A) any amounts appropriated not in excess of a sum which when added to carryover balances otherwise available for obligation under subsection (a) of section 211 equal $25,000,000 shall be used for grants or contracts under such subsection; and (B) any amounts appropriated in excess of a sum which when added to carryover balances otherwise available for obligation under subsection (a) of section 211 equals $31,000,000 for the fiscal year ending June 30, 1974, and $33,000,000 each for the fiscal years ending June 30, 1975, and June 30, 1976, respectively, shall be used for grants or contracts for such fiscal years under such subsection. NATIONAL VOLUNTEER PROGRAMS TO ASSIST SMALL BUSINESSES AND PRO- SEC. 503. There are authorized to be appropriated $208,000 for the fiscal year ending June 30, 1974, and such sums as may be necessary each for the fiscal years ending June 30, 1975, and June 30, 1976, respectively, for the purpose of carrying out programs under title III of this Act. Ante, p. 404. 87 STAT. 416 Ante, p. 405. 85 Stat. 819. 5 USC app. Transfer of functions. 81 Stat. 722. ADMINISTRATION AND COORDINATION SEC. 504. There are authorized to be appropriated each for the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976, respectively, such sums as may be necessary for the administration of this Act as authorized in title IV of such Act. AVAILABILITY OF APPROPRIATIONS SEC. 505. Notwithstanding any other provision of law, unless enacted in express and specific limitation of the provisions of this section, funds appropriated for any fiscal year to carry out any program under this Act or any predecessor authority shall remain available, in accordance with the provisions of this Act, for obligation and expenditure until expended. TITLE VI-AMENDMENTS TO OTHER LAWS AND REPEALERS SUPERSEDENCE OF REORGANIZATION PLAN NUMBER 1 OF JULY 1, 1971 SEC. 601. (a) Sections 1, 2(a), 3, and 4 of Reorganization Plan Number 1 of 1971 (July 1, 1971) are hereby superseded. (b) The personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held. available, or to be made available in connection with the functions transferred to the Director of the ACTION Agency by sections 2(a) and 4 of such reorganization plan are hereby transferred to the ACTION Agency established by section 401. All grants. contracts. and other agreements awarded or entered into under the authority of such reorganization plan will be recognized under comparable provisions of this Act so that there is no disruption of ongoing activities for which there is continuing authority. (c) All official actions taken by the Director of the ACTION Agency, his designee, or any other person under the authority of such reorganization plan which are in force on the effective date of this Act and for which there is continuing authority under the provisions of this Act, and the length of the period of service of volunteers serving or undergoing training under title VIII of the Economic Opportunity Act of 1964, as amended (42 U.S.C. 2991–2994d) on the effective date of this Act, shall continue in full force and effect until modified, superseded, or revoked by the Director. (d) All references to ACTION, or the Director of ACTION in any statute, reorganization plan, Executive order, regulation, or other official document or proceeding shall, on and after the effective date of this Act, be deemed to refer to the ACTION Agency established by section 401 and the Director thereof. (e) No suit, action, or other proceeding, and no cause of action, by or against the agency known as ACTION created by such reorganization plan, or any action by any officer thereof acting in his official capacity, shall abate by reason of enactment of this Act. (f) Persons appointed by the President, by and with the advice and consent of the Senate, to positions requiring such advice and consent under such reorganization plan may continue to serve in the same capacity in the ACTION Agency without the necessity of an additional appointment by the President or further such advice and consent by the Senate. 87 STAT. 417 CREDITABLE SERVICE FOR CIVIL SERVICE RETIREMENT SEC. 602. Section 8332 (b) (7) of title 5, United States Code (relat- 83 Stat. 031. ing to creditable service to civil service retirement), is amended by inserting a comma and "or a period of service of a full-time volunteer enrolled in a program of at least one year's duration under part A, B, or C of title I of the Domestic Volunteer Service Act of 1973 Ante, p. 396. (— U.S.C. —)” after "Economic Opportunity Act of 1964". REPEAL OF TITLE VIII OF THE ECONOMIC OPPORTUNITY ACT SEC. 603. Title VIII of the Economic Opportunity Act of 1964, as Repeal. amended (42 U.S.C. 2991–2994d), is hereby repealed. REPEAL OF TITLE VI OF THE OLDER AMERICANS ACT 81 Stat. 722. SEC. 604. (a) Title VI of the Older Americans Act of 1965. as Repeal. amended (42 U.S.C. 3044-3044e), is hereby repealed. 83 Stat. 111. (b) Section 908 of the Older Americans Comprehensive Services Amendments Act of 1973 (Public Law 93-29) is amended by striking Ante, p. 64. out "1973," and "1974," and inserting in lieu thereof 1974," and 1975.", respectively. To provide for the establishment of the Board for International Broadcasting, to authorize the continuation of assistance to Radio Free Europe and Radio Liberty, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Board for be cited as the "Board for International Broadcasting Act of 1973". International DECLARATION OF PURPOSES SEC. 2. The Congress hereby finds and declares (1) that it is the policy of the United States to promote the right of freedom of opinion and expression, including the freedom "to seek, receive, and impart information and ideas through any media and regardless of frontiers," in accordance with article 19 of the Universal Declaration of Human Rights; (2) that open communication of information and ideas among the peoples of the world contributes to international peace and Broadcasting 87 STAT. 456 87 STAT. 457 |