ceiving such request, hold an informal meeting for such purpose.

(2) Hearings respecting the termination of assistance pursuant to this section shall be conducted pursuant to the provisions of the Administrative Procedure Act (5 U.S.C. 554-557). Proposed findings of fact, conclusions of law, and briefs will be submitted to the presiding officer within 20 days of the conclusion of the hearing.

(3) The initial decision of an administrative law judge regarding the termination of a grant under the program shall become the decision of the Commissioner without further proceedings unless there is an appeal to, or review on motion of, the Commissioner made in writing no later than 15 days after receipt by the party requesting such appeal or review of the decision of the administrative law judge. A request for appeal or review under this section shall be accompanied by exception to the administrative law judge's decision, proposed findings, supporting reasons and briefs. The adverse party shall submit its reply no later than 15 days after the submission of such request for appeal or review. The Commissioner shall issue a final decision in the case of such appeal or review no later than 30 days after the final submission of the above materials by the parties. The Commissioner may delegate his functions under this subparagraph to an appellate review council established and appointed by him.

(c) The procedures established by this section shall not preclude the Commissioner from pursuing any other remedies authorized by law. Proceedings pursuant to Part 80 of this title with respect to the eligibility of an applicant for assistance under Title VI of the Civil Rights Act (42 U.S.C. 2000d) shall be governed by the regulations in that part and Part 81.

(d) The Commissioner may not deny applications for refunding under this part unless the applicant has been given reasonable notice and opportunity to show cause why this action should not be taken.

(Economic Opportunity Act, Title V, sec. 554 (b), (c) (Pub. L. 93-644 sec. 8(a)))

§ 158.85 Nondiscrimination provisions.

(a) The Secretary shall not provide financial assistance for any program, project, or activity under this part unless the grant or contract with respect thereto specifically provides that no person with responsibilities in the operation thereof will discriminate with respect to any such program, project, or activity because of race, creed, color, national origin, sex, political affiliation or beliefs.

(Economic Opportunity Act, Title V, sec. 574(a) (Pub. L. 93-644 sec. 8(a)))

(b) No person in the United States shall on the ground of sex be excluded from participation in, be denied the benefits of, be subject to discrimination under, or be denied employment in connection with any program or activity receiving assistance under this part. Section 603 of the Civil Rights Act of 1964 shall apply to any action taken by the Secretary to enforce this paragraph.

(Economic Opportunity Act, Title V, sec. 574(b) (Pub. L. 93-644 sec. 8(a)))

(c) 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, project, or activity receiving assistance under this part.

(Economic Opportunity Act, Title V, sec. 574(b) (Pub. L. 93-644 sec. 8(a)))

§ 158.86 Limitation with respect to certain unlawful activities.

No individual employed or assigned by any agency assisted under this part shall, pursuant to or during the performance of services rendered in connection with any program or activity conducted or assisted under this part by such agency, plan, initiate, participate in, or otherwise aid or assist in the conduct of any unlawful demonstration, rioting, or civil disturbance. (Economic Opportunity Act, Title V, sec. 574(b) (Pub. L. 93-644 sec. 8(a)))

§ 158.87 Political activities.

(a) For purposes of clauses (1) and (2) of section 1502(a) of title 5 of the United States Code, any agency receiving assistance under this part shall be deemed to be a State or local agency.

(b) Programs assisted under this part shall not be carried on in a manner involving the use of program funds, the provision of services, or the employment or assignment of personnel in a manner supporting or resulting in the identification of such programs with (1) any partisan or nonpartisan political activity or any other political activity associated with a candidate, or contending faction or group, in an election for public or party office, (a) any activity to provide voters

or prospective voters with transportation to the polls or similar assistance in connection with any such election, or (3) any voter registration activity.

(Economic Opportunity Act, Title V, sec. 576 (a), (b) (Pub. L. 93-644 sec. 8(a)))

§ 159.1 Scope and purpose—general provisions regulations.

(a) The regulations in this part govern the administration of the Talent Search Program. Services provided under this program are designed to assist in enabling youths from lowincome families who have academic potential, but who may lack adequate secondary school preparation, who may be physically handicapped, or who may be disadvantaged because of severe rural isolation, to enter, continue, or resume programs of postsecondary education. Projects under this program shall (1) identify qualified youths of financial or cultural need with an exceptional potential for postsecondary educational training and especially such youths who have delayed pursuing postsecondary educational training and encourage them to complete secondary school and undertake postsecondary educational training, (2) publicize existing forms of student financial aid, and (3) encourage qualified secondary school or college dropouts of demonstrated aptitude to reenter educational programs, including postsecondary school programs. The goal of the program and projects funded under this part shall be to (i) increase the rate at which youths of financial or cultural need complete secondary school and enroll, with adequate financial aid, in postsecondary educational programs, (ii) decrease the rate of secondary and postsecondary school dropouts, (iii) increase the number of secondary and postsecondary school dropouts who re-enter educational programs and (iv) increase the postsecondary enrollment rate of youth who have delayed pursuing postsecondary educational training.

(b) Assistance provided under this part is subject to applicable provisions contained in subchapter A of this chapter relating to fiscal, administrative, and other matters (General Provisions for Office of Education Programs-45 CFR 100a).

(20 U.S.C. 1070d-1070d-1) § 159.2 Definitions.

For the purpose of this part:

(a) "Act," means the Higher Education Act of 1965, as amended. (20 U.S.C. 1001 et seq.)

§ 159.4 Eligible project participants.

A youth is eligible to receive services under this part if he:

(a) Is a citizen or national of the United States, or is in the United States for other than a temporary purpose, and is, or intends to become a permanent resident thereof, or is a permanent resident of the Trust Territory of the Pacific Islands;

(b) Has in the case of a youth enrolled in or graduated from secondary school, “exceptional potential" for success in postsecondary education or, in the case of a secondary or postsecondary school dropout, a “demonstrated aptitude" for reentry into and success in secondary or postsecondary educational programs;

(c) Is of financial or cultural need; and

(d) Is in need of (i) guidance and counseling to complete or return to secondary school, (ii) information and counseling on postsecondary educational opportunities, (iii) assistance in gaining admission or readmission to postsecondary educational institutions, or (iv) assistance in applying for financial aid to attend such institutions.

(e) Veterans if they are otherwise eligible may receive services under this program.

(20 U.S.C. 1070d-1)

§ 159.5 Eligible applicants.

(a) The Commissioner may make grants to and contracts with the following agencies, institutions, and organizations to carry out Talent Search projects: (1) Institutions of higher education, including institutions with vocational and career education programs;

(2) Combinations of institutions of higher education;

(3) Public and private agencies and organizations (including professional and scholarly organizations); and

(4) In exceptional cases, secondary schools and secondary vocational schools, if there are no institutions of higher education or public or private agencies within a reasonable geographic distance of such secondary or vocational school providing education

al services similar to the services authorized under this part.

(b) A combination of institutions receiving a grant or contract under this part shall vest responsibility for the administration of that grant or contract in one of its participating institutions or in a public or private nonprofit agency established or designated by the combination for that purpose.

(20 U.S.C. 1070d-1)

§ 159.6 Applications.

(a) Applicants for grants or contracts under this part shall file an application with the Commissioner before the closing date established annually by the Commissioner, and shall provide the following information and such other information as the Commissioner may from time to time prescribe:

(1) Need, (i) (The geographic area to be served (target area);

citing data

(ii) A description, sources, of the target area in terms of the number and percentage of youths in the area from families whose family taxable income is not more than the low-income level prescribed annually by the Commissioner, and the number and percentage of eligible youths residing or attending school in the area;

(iii) A description, citing data sources, of the individual secondary schools in the target area including, for the three years preceding the year for which the application is being submitted, an estimate of the dropout rate for each school, and an estimate of the number and percentage of students from each school who subsequently enroll in postsecondary institutions, an estimate of the number of students in the school from lowincome families, and (iii) the ratio of counselors to students;

(iv) An estimate, citing data sources, of the ethnic/racial composition of youths from low-income families residing in, or attending school in, the target area and the ethnic/racial composition of the youths to be served by the project;

(2) Design (i) A projection of the effect of the project in the target area on the secondary school completion and dropout rate, the rate of postsecondary school admissions and the

number of secondary and postsecondary dropouts who reenter educational programs;

(ii) A description of the applicant's plan for identifying and selecting eligible participants, assessing and documenting their potential for postsecondary education; providing career and academic counseling and guidance; disseminating information on student financial aid in the target area; providing assistance to project participants in gaining admission to secondary schools, and a variety of postsecondary institutions, which have adequate supportive services, if needed by such participants; assisting youths enrolling in postsecondary institutions in obtaining student financial aid; and determining whether the participants actually enrolled in secondary schools or postsecondary institutions and whether participants enrolled in postsecondary institutions received adequate financial aid;

(iii) A description of the applicant's plan for evaluating the effectiveness of the project in terms of enrolling participants in postsecondary educational programs, with adequate financial aid, and returning participants to secondary or postsecondary educational programs;

(3) Resources and organization. (i) A description of the applicant's plan to orient the secondary and postsecondary schools in the target area to the goals of the Talent Search project and to utilize community and other resources to supplement authorized activities including written commitments by such community and other relevant organizations;

(ii) If the applicant has carried out a project that was funded under the Talent Search Program or was comparable to one authorized under this part, a descrtiption of that project including the number of youths served, the methods used to select participants, the services offered, the rate of increase of postsecondary admissions in the area served, the rate of decrease in secondary and postsecondary school dropouts, the rate of increase of secondary and postsecondary school dropouts who reenter educational programs, and any evaluation reports made on that project;

(iii) Evidence that an applicant has the resources, organization, and personnel to successfully carry out a Talent Search project.

(iv) A description of the project's staffing pattern, the required professional qualifications and experience, duties and salary range for each professional category, and the plan for staff selection and in-service training; and

(4) Budget. (i) A detailed budget.

(b) Where the applicant is a combination of institutions of higher education, the applicant shall describe the role and function that each member of the combination will play in the operation of the project, and shall include written commitments from each institution that it will perform the activities ascribed to it.

(c) Applications for national demonstration projects shall provide the information needed to determine whether the project satisfies the requirements of § 159.10.

(20 U.S.C. 1070d-1)

§ 159.7 Funding criteria.

(a) Continuation awards. Priority will be given to a request for funds for the continuation of a project that (1) was begun in a prior fiscal year and (2) was approved for a multi-year work period that has not expired.

(b) Conditions for approval. Requests for continuation awards will be approved only if:

(1) The need continues to exist for the services provided by the project;

(2) Satisfactory progress has been made in implementing the approved work plan and in achieving the project's goals and objectives, as indicated by site visits, progress reports, and other relevant data;

(3) The project continues to offer promise of success in enabling youths to resume or continue their secondary education or to enter, resume, or continue their post secondary education with adequate financial aid;

(4) All required reports, have been received and accepted by the Commissioner; and

(5) Funds are available to continue the project.

(c) New awards. Except as provided in paragraphs (a) and (b) of this sec