Supart F-Miscellaneous § 1010.50-1 Role of CSA officials. CSA shall to the fullest extent practicable in accordance with the requirements of this part seek the cooperation of grantees in obtaining compliance with this part, and shall provide assistance and guidance to grantees to help them comply voluntarily with this part. § 1010.50-2 Continuing grams. (a) Each state agency administering a continuing program which receives Federal assistance from CSA shall establish a title VI compliance program for itself and other grantees which obtain financial assistance through it. State pro 222(a)(5) 222(a)(7) 222(a)(11). 222(a)(12). 222(a)(13). 226 227 2814 National Youth Sports Programs. Consumer Action and Cooperative Programs. Technical Assistance and Training. State Agency Assistance. Research and Pilot Programs. Special Assistance. Demonstration Community Partner ships. (b) This program will parallel the provisions of this part, including the maintenance of records necessary to permit Federal officials to determine compliance of the state agency and the sub-grantees with title VI and this part. § 1010.50-3 Effect on other regulations, forms, and instructions. Nothing in this part shall be deemed to supersede (a) Executive Order 11246 and regulations issued thereunder, or (b) any other regulations or instructions insofar as they prohibit discrimination on the grounds of race, color, national origin or sex in any program or situation to which this part is applicable, or prohibit discrimination on any other ground. § 1010.50-4 Supervision and coordination. The Director of CSA may assign to officials of other departments or agencies of the government (with the consent of such department or agency) responsibilities in connection with the effectuation of the purposes of this part other than the right to review a hearing examiner's initial decision as provided in §1010.40-4. Any action taken, determination made, or requirements imposed by an official of another department or agency acting pursuant to such an assignment or responsibility shall have the same effect as though such action had been taken by the responsible official of CSA. Loans to Low Income Families (Rural Loan Programs). 2862 Assistance for Migrant, and Other Seasonally Employed, Farmworkers and their Families. 712 2982a 247(b) 2985e 901(a) Community Development Corp. 2995 Program and Project Evaluation. APPENDIX B TO PART 1010-ACTIVITIES TO WHICH THIS PART APPLIES WHEN A PRIMARY OBJECTIVE OF THE FEDERAL FINANCIAL ASSISTANCE IS TO PROVIDE EMPLOYMENT Inner-City Youth Employment Program APPENDIX C TO PART 1010-APPLICATION OF PART 1010 TO FEDERAL FINANCIAL ASSISTANCE OF COMMUNITY SERVICES ADMINISTRATION Nondiscrimination in Federally Assisted Programs (A) Examples: The following examples, without being exhaustive, illustrate the application of the non-discrimination provisions of this part in programs or projects receiving Federal flnancial assistance from the Community Services Administration. 1. Denial of the opportunity to participate in a program because of race, color or national origin.-An Off-reservation Native American funded program in an urban area denies a Caucasian the opportunity to participate in the food and nutrition component of the program because she/he is not a Native American. 2. Failure to ensure that all segments of the low-income community have an equal opportunity to participate in the board member representation elective process because of race, color, or national origin.-A Community Action Agency in a multiracial community utilizing a mobile voting booth for board member elections in the area served, allots an equal amount of time in each of the ethnic and racial areas except for the Black community. 3. Providing a disproportionate allocation to one sector of a community with a predominant monoracial composition where the disproportionate allocation is not justified by a CSA-approved program objective.-A Community Action Agency serving a poverty population composed of 10% White, 77% Black, 10% Hispanic and 3% Oriental provides the White poverty community with 50% and the Black poverty community with 20% of the funds available to the poverty area served. The above disproportionate allocations may be justifiable if the CSA-approved program objective was to address unemployment, and if 90% of the White poverty area was unemployed compared to 5% of the Black poverty area. 4. The utilization of sites and facilities that have historically discriminated, which affects the participation of beneficiaires because of race, color, or national origin.-A Community Action Agency in a multiracial community which is predominately Black leases a facility for use as a neighborhood service center in an exclusive White area that is inaccessible to the Black community. PART 1050-UNIFORM FEDERAL STANDARDS Subpart A-Implementation of Uniform Federal Standards by the Community Services Administration (CSA Instruction 6800-1) Sec. 1050.1 Applicability. 1050.2 Purpose. 1050.3 Exceptions to the Uniform Federal Standards. 1050.4 Definitions of terms as used in this part. 1050.5 Implementing schema. Subpart B-Cash Depositories (CSA 1050.10 Physical segregation and eligibility. Definition. 1050.160-4 Purpose. 1050.160-5 General responsibilities and procedures. 1050.160-6 Standard-code of conduct. 1050.160-7 Standard-open competition. 1050.160-8 Standard-procedures. 1050.160-9 Method of procurement for State and local governments. 1050.160-10 Standard-contract provisions. AUTHORITY: Sec. 602, 78 Stat. 530 (42 U.S.C. 2942); §§ 1050.112 and 1050.113 also issued under sec. 682(e), Pub. L. 97-35, 95 Stat. 519 (42 U.S.C. 9911). SOURCE: 42 FR 18034, Apr. 4, 1977, unless otherwise noted. The purpose of part 1050 is to set forth the Uniform Federal Standards pursuant to OMB Circular A-110 and FMC 74-7 (A-102) and to provide grantees with CSA's policies and procedures implementing those standards the goal of which is to obtain consistency and uniformity among Federal agencies in the administration of grants to, and other agreements with, units of local and State Government, public and private institutions of higher education, public and private hospitals, and other quasi-public and private non-profit organizations. $1050.3 Exceptions to the Uniform Federal Standards. (a) For classes of grantees. Neither CSA nor any other Federal agency can apply more restrictive or differing requirements on a class of grantees unless (1) a statute expressly prescribes policies or specific requirements that differ from the standards or (2) the agency has received approval from the Office of Management and Budget. (b) For certain grantees. CSA may impose additional requirements on individual grantees if the grantee has a history of poor performance, is not financially stable, or its management system does not meet the standards set forth in part 1050. In those instances CSA must inform the grantee in writing as to (1) why the additional standards are being imposed and (2) what corrective action is needed. Copies of such notifications must be sent to OMB and other agencies funding the grantee at the same time the grantee is notified. 1050.4 Definitions of terms as used in this part. (a) The term grant means money or property provided in lieu of money paid or furnished by grantees under programs that provide financial assistance or that provide support or stimulation to accomplish a public purpose. The term "other agreements" does not include contracts which are required to be entered into and administered under procurement laws and regulations. Grants and other agreement exclude (1) technical assistance programs, which provide services instead of money, (2) assistance in the form of general revenue sharing, loans, loan guarantees, or insurance, and (3) direct payments of any kind to individuals. (b) The term grantee is used by CSA in lieu of "recipient" and includes the following types of nonprofit organizations that are receiving Federal funds from a Federal agency or through a State or local government: (1) Public and private institutions of higher education: public and private hospitals; and other quasi-public and private nonprofit organizations such as (but not limited to) community action agencies, research institutes, educational associations, and health cen ters. In addition, for purposes of this part, it includes private-for-profit organizations funded under title VII of the EOA. The term does not include foreign or international organizations (such as agencies of the United Nations) and Government-owned contractor-operated facilities or research centers providing continued support for mission-oriented, large scale programs that are Government-owned, or are designed as federally-funded research and development centers. (c) The term delegate agency is used by CSA in lieu of "subrecipient" and means a public or private agency, institution or organization or a State or other political jurisdiction to which the development, conduct and administration of all or part of a project assisted under the Economic Opportunity Act of 1964, as amended, has been delegated by a grantee or by another agency or organization which has received assistance by or through a grantee, but does not include individuals who ultimately receive benefits under any program or assistance. § 1050.5 Implementing schema. (a) Responsibilities. OMB Circular A110 and FMC 74-7 (Cir. A-102) require all Federal agencies administering programs that involve grants and other agreements with grantees to issue appropriate implementing regulations. (b) Publication formats. As with all policy statements CSA is issuing its implementing regulations both in the FEDERAL REGISTER and as part of the CSA directives system. However, a separate part (1050) has been established in the Code of Federal Regulations within which all Uniform Federal Standards and accompanying CSA policies and procedures will be published. Also, in the CSA directives system the 6800 series will be used exclusively for promulgation of the standards. Each standard will be issued as a separate CSA Instruction within that series with accompanying CSA implementing policies and procedures (if required) to be issued as an Attachment to the appropriate Instruction. As a further means of more easily identifying the standards, CSA will deviate from its normal practice of using yellow stock Subpart B-Cash Depositories § 1050.10 Physical segregation and eligibility. Except for situations described in §§ 1050.11, 1050.12 and 1050.13 the Community Services Administration does not: (a) Require physical segregation of cash depositories for CSA funds which are provided to a grantee. (b) Establish any eligibility requirements for cash depositories for CSA funds which are provided to a grantee. § 1050.11 Letter-of-credit-checks paid basis. A separate bank account is required when applicable letter-of-credit agreements provide that drawdowns will be made when the grantee's checks are presented to the bank for payment. § 1050.12 FDIC insurance coverage. Any monies advanced to a grantee which are subject to the control or regulation of the United States or any of its officers, agents or employees' (public monies as defined in Treasury Circular No. 176, as amended) must be deposited in a bank with Federal Deposit Insurance Corporation (FDIC) insurance coverage and the balance exceeding the FDIC coverage must be collaterally secured. § 1050.13 Minority-owned banks. Consistent with the national goal of expanding the opportunities for minority business enterprises, grantees and delegate agencies are encouraged to use minority banks (a bank which is owned at least 50 percent by minority group members). Subpart C-Bonding and Insurance (CSA Instruction 6800-3) § 1050.15 References. (1) OMB Circular A-110, Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations (Attachment B). (2) FMC 74-7, Uniform Administrative Requirements for Grants-in-Aid to State and Local Governments (Attachment B). (3) CSA Instruction 6710-6, Applying for a grant under title VII of the Community Services Act. (4) CSA Instruction 6710-8, Preparing a Budget for a title VII grant under the Community Services Act. (5) CSA Instruction 6143-la, Emergency Energy Conservation Program (45 CFR 1061.30). § 1050.16 Standard. (a) In administering CSA grants, grantees shall observe their regular requirements and practices with respect to bonding and insurance. CSA will not impose additional bonding and insurance requirements including fidelity |