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tive use of resources to meet the needs of area residents.

(v) A subcommittee on each CAA Board, including representatives of the poor, as well as qualified staff, should be assigned specific responsibilities to assure that the CAA is providing effective assistance and support to the development of neighborhood or target area organization capabilities.

(5) Delegate agencies. (i) When programs and funds are delegated by the CAA, the CAA shall require the same policies and procedures for participation of the poor as those established in this subpart for CAAS.

(ii) Delegate agencies established specifically to operate programs funded through the CAA (such as area or county policy boards or councils servicing an entire political subdivision) or whose primary responsibility is for programs sponsored by the CAA must have governing boards at least one-third of whose members are democratically selected representatives of the poor residing within that area. In the case of those area boards or council which cover less than an entire political subdivision, at least a majority of its members must be representatives of the poor residing within the area. Target area or neighborhood based organizations or corporations may have boards composed solely of the democratically selected representatives of area residents, but in those cases where major policy or funding responsibilities are delegated, provision must be made for representation of elected public officials.

(iii) Delegate agencies whose primary responsibilities are for programs not sponsored by the CAA (such as school boards) must establish an advisory board or committee to assist in the planning, conduct, and evaluation of its community action programs. At least a majority of the membership of such boards must be democratically selected representatives of the poor served by the delegated community action program.

(c) Limited purpose agencies. Limited purposes agencies shall have either a governing body made up of one-third representatives of the poor or a policy advisory Committee composed of at least 50 percent democratically se

lected representatives of the poor being served by the OEO-funded program. Limited purpose agencies shall take the initiative in developing measures to implement the same requirements described in this subpart for every CAA for the participation of the poor in the planning, conduct, and evaluation of OEO-funded programs. The burden of proof shall be on the limited purpose agency to document in writing if it is legally unable to abide by the standards of this subpart.

(d) State Economic Opportunity Offices. (1) In addition to assisting in the implementation of the general policy statement of this subpart, the State Economic Opportunity Office (SEOO) shall promote the maximum feasible participation of poor people in the planning, conduct and evaluation of other state agency operations and programs which affect the poor. The SEOO shall encourage and work toward the develop ment of career opportunities for the poor within other state agencies.

(ii) State Economic Opportunity Offices, whenever possible and consistent with State laws and regulations, shall employ poor people as staff or as consultants to help carry out training and technical assistance functions to community action programs.

(111) Each SEOO which operates OEOfunded statewide poverty programs shall establish an advisory committee of representatives of the poor. When the SEOO submits an application for the funding of a statewide program, it shall have established an advisory committee which shall have participated in planning the programs. A representative elected by the representatives of the poor of each CAA Board in the state shall serve as a member of the SEOO Advisory Committee. These SEOO Advisory Committees shall:

(a) Meet not less than four times a year;

(6) Participate in the development of policies and procedures for the statewide programs; review and comment on the programs; participate in evaluations; and present their findings to the SEOO for its consideration;

(c) Recommend to the SEOO the advisability of operating new statewide programs.

(iv) Funds for transportation, baby- 81060.1-3 Procedures. sitting, and per diem to enable these

(a) Compliance(1) Grantee and delerepresentatives of the poor to partici

gate agency report. Each grantee and pate regularly in advisory Committee

delegate agency has a responsibility to meetings shall be provided by the

implement the policies and standards SEOO from OEO funds.

of this subpart. Implementation of this (e) Participation through employment. subpart should be clearly reflected in (i) Every grantee, including SEOOS the agency's planning, program develwhich operate OEO-funded statewide opment, and budgeting processes and poverty programs, and delegate agency should be evaluated in writing by the must develop and include in their per- agency every year. A report of progress sonnel policies specific plans to fill should accompany the refunding restaff positions to the greatest extent quest as a part of the agency's selfpossible with individuals who are poor. evaluation. Such a progress report will Such policies must emphasize opportu- include: nities for training and career advance (1) A summary of policies and procement and for employment of poor peo

dures established to carry out this subple in staff positions which are directly part; involved in the planning, budgeting, (ii) A description of progress in imfunding, conduct, administration and proving the quality of participation. evaluation of the programs.

(2) Participation of the poor in compli(ii) These policies must provide for

ance. (1) In addition, every grantee and (a) the development of job and staffing

delegate agency's annual self evaluarequirements (by analyzing jobs to de

tion shall include a section prepared by termine if a professional is needed and

the representatives of the poor on the

CAA, delegate agency or limited purby breaking down jobs in such a way to

pose agency Board, with the help of create “new careers") so as to maxi

representatives of the poor on neighmize the number of nonprofessional po

borhood, target area, or policy advisitions; (b) the establishment of job

sory boards, councils, and committees qualifications based on the personal

and of appropriate staff members. The ability of an individual to perform,

representatives of the poor shall derather than on formal requirements of scribe how the CAA, delegate agency, education and experience; (c) career de or limited purpose agency bas: velopment through increasing the (a) Provided opportunities for inamount of responsibility in the task volvement of poor people in proposing, performed so that poor persons em- planning, approving, administering, opployed by the CAA may have opportu- erating and evaluating programs. nities for advancement to the fullest (6) Helped to develop the capacities extent of their abilities; and (d) contin- of poor people to participate effecued on-the-job training and construc tively. Special attention should be tive supervision needed to permit ad given to the amount of money and staff vancement.

time devoted to training and technical (iii) Every CAA further has the re assistance to increase and improve the sponsibility for developing career op involvement of poor people in the proportunities for the poor in other local

gram. agencies, both public and private.

(c) Responded to and supported the (1) Participation in evaluation. Com

positions and requests of the poor and munity Action Agencies, limited pur

neighborhood groups regarding propose agencies, and State Economic Op

grams and issues which affect them. portunity Offices must obtain the

(d) Promoted participation of the views of program participants and area

poor in the activities of other agencies residents as well as the views of rep

and organizations in the community

and in community-wide decision makresentatives of the poor on boards,

ing. committees and councils as part of

(e) Development employment and catheir evaluation of grantee or delegate

reer development opportunities for the agency programs and operations.

poor.

o Worked toward increased control if they have complaints about the operby the poor and target area residents ation of OEO-funded programs. over the economic life in their neighborhoods or areas.

Subpart 1060.2-CSA Income Pov(ii) This evaluation shall be given

erty Guidelines (CSA Instrucfull consideration by the Board of the

tion 6004-1K) grantee and shall be submitted to the appropriate Regional Office of OEO $1060.2-1 Applicability. with its CAP form 81. OEO will not ap

This subpart applies to all grants fiprove an application for funding that

nancially assisted under titles II, IV does not explicitly indicate a course of

and VII of the Economic Opportunity action that will lead to improvement

Act of 1964, as amended, if such assistin the quality of involvement of poor

ance is administered by the Commupeople in its program.

nity Services Administration. (3) State Economic Opportunity Office. As part of its application for funding, (Sec. 602, 78 Stat. 530, 42 U.S.C. 2942) each State Economic Opportunity Of- (46 FR 15271, Mar. 5, 1981) fice shall submit to the appropriate regional office a written report which de- $1060.2–2 Policy. scribes its implementation of this sub (a) The attached income guidelines part.

are to be used for all those CSA funded (b) Appeals. (1) Petitions (signed by programs, whether administered by a from 50 to 100 persons from community grantee or delegate agency, which use agencies or representatives groups of CSA poverty income guidelines as adthe poor, depending on the procedures mission standards. Any individual or established in the grantee's bylaws) family certified eligible for AFDC or claiming (i) inadequate representation SSI payments is automatically eligible on grantee boards, (ii) inability to in- for CSA program services without the fluence the character of programs, or need to be separately certified through (iii) grantee refusal to fund programs the application of the attached income proposed by the poor, may be presented guidelines. to the governing boards of grantee or These guidelines do not supersede alganizations.

ternative standards of eligibility ap (2) Such appeals must be considered proved by CSA. by the governing body of the grantee (b) The guidelines are also to be used organization at a public meeting pub- in certain other instances where relicized, conducted and recorded in ac- quired by CSA as a definition of povcordance with OEO/CAP policies re- erty, e.g., for purposes of data collecgarding public hearings. (Interim regu tion and for defining eligibility for allations covered in CA Memo 321 are lowances and reimbursements to board being revised in OEO Instruction 7042– members. Agencies may wish to use 1 which will soon be distributed.)

these guidelines for other administra(3) Notification of receipt of such pe- tive and statistical purposes as approtition must be sent within 5 days to the priate. OEO Regional Office or Headquarters (c) The attached guidelines are based Office which is responsible for funding upon Table 17 of the U.S. Bureau of the and monitoring the grantee. This Census, Current Population Reports, Seshould be followed by a statement of ries P-60, No. 125, “Money Income and the action of the governing body on the Poverty Status of Families and Perpetition and the reasons supporting the sons in the United States: 1979” (Adaction.

vance Report), U.S. Government Print(4) In addition to the above proce ing Office, Washington, D.C., October, dures, poor people, either as individ- 1980; and Department of Labor Press uals or groups, are encouraged to con- Release USDL 81-55 of January, 1981. tinue to express themselves directly to (d) The following definitions, from OEO Regional Offices and Headquarters "Current Population Reports", P-60, No.

91, Bureau of the Census, December "Not filed with the Office of the Federal 1973 have been adopted by CSA for use Register.

with the attached poverty guidelines.

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(1) Income. Refers to total cash receipts before taxes from all sources. These include money wages and salaries before any deductions, but not including food or rent in lieu of wages. These include receipts from self-employment or from own farm or business after deductions for business or farm expenses. They include regular payments from public assistance, social security, unemployment and workman's compensation, strike benefits from union funds, veteran's benefits, training stipends, alimony, child support and military family allotments or other regular support from an absent family member or someone not living in the household; government employee pensions, private pensions and regular insurance or annuity payments; and income from dividends, interest, rents, royalties or income from estates and trusts. For eligibility purposes, income does not refer to the following money receipts: any assets drawn down as withdrawals from a bank, sale of property, house or car, tax refunds, gifts, one-time insurance payments or compensation for injury; also to be disregarded is non-cash income, such as the bonus value of food and fuel produced and consumed on farms and the imputed value of rent from owner-occupied farm or non-farm housing.

(2) A farm residence. Is defined as any dwelling on a place of 10 acres or more with $50 or more annual sales of farm products raised there; or any place less than 10 acres having product sales of $250 or more.

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For family units with more than 6 members, add $1,580 for each additional member in a nonfarm family, and $1,340 for each additional member in a farm family. (Sec. 602, 78 Stat. 530, 42 U.S.C. 2942) (46 FR 15271, Mar. 5, 1981)

POVERTY INCOME GUIDELINES FOR ALL STATES

EXCEPT ALASKA AND HAWAII

Farm

Subpart 1060.3—Limitation on

Benefits to those Voluntarily

Poor (CSA Instruction 6004–2) 1060.3–1 Applicability of this subpart.

This subpart applies to all agencies receiving funds under titles I-D, II, and HI-B of the Economic Opportunity Act for programs administered by OEO in which income criteria are used as admission standards (with the exception of Head Start and Upward Bound programs). (Sec. 602, 78 Stat. 503; 42 U.S.C. 2942) (34 FR 2419, Feb. 20, 1969) § 1060.3-2 Policy.

(a) Section 611 of the Economic Op portunity Act provides as follows:

The Director shall take such action as may be necessary to assure that, in determining & person's eligibility for benefits under this Act on account of his poverty, such person will not be deemed to meet the poverty criteria if his lack of income results from his

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job would result in a family income above the poverty line.

(6) The length of the work week or other conditions or employment are unreasonable. (Sec. 602, 78 Stat. 503; 42 U.S.C. 2942) (34 FR 2419, Feb 20, 1969)

refusal, without good cause, to seek or accept employment commensurate with his health, age, education, and ability.

(b) Under section 611 of the Act, an individual should not be treated as meeting poverty criteria for project benefits if he is fully capable of sup porting himself but deliberately chooses not to do so. For example, a person having the education and training to earn an income substantially above the poverty line should not be considered eligible under the poverty criteria if, without good cause, he chooses not to work. On the other hand, an individual should not be excluded from project benefits if his lack of motivation is the result of a background of poverty. Section 201 of the Economic Opportunity Act explicitly recognizes that one goal of community action is to strengthen motivation among low-income people.

(c) Determinations regarding an individual's eligibility for project benefits under this subpart should be made as part of the existing screening process for these programs. Special screening procedures should not be created. In making determinations, grantee and delegate agencies must be sure that a needy person is not disqualified because of failure to seek or accept employment in situations where:

(1) Age or ill health, mental or physical, interferes with his ability to accept employment.

(2) Family obligations, especially the care of small children, interfere with his ability to accept employment.

(3) Transportation is not available to the job in question, or travel time or cost to and from work is unreasonable.

(4) Acceptance of the employment in question would subject him to the work situation to discrimination on account of race, color, creed, sex, or national origin.

(5) The employment which was available would not have given him an income above the poverty line. Since he would, in any event, remain in the target population, he should be considered eligible for antipoverty programs. Appropriate consideration should be given to such factors as the regularity of intermittence of the employment over time, and to seasonal patterns in employment, in determining whether the

PART 1061-CHARACTER AND SCOPE OF SPECIFIC PROGRAMS Subpart 1061.4-Now Statement of CSA

Policy on Family Planning (CSA In

struction 6130-01 and 6130-1) Sec. 1061.4-1 Applicability. 1061.4-2 Effective date. 1061.43 Purpose. 1061.44 Role of family planning in commu

nity action. 1061.4-5 Policy on family planning applica

tions. 1061.46 Requirements. 1061.47 Required assurance. 1061.48 Revised grant condition, 1061.4–9 Effect on previously approved

grants. APPENDIX A TO SUBPART 1061.4NEW STATE

MENT ON CSA POLICY ON FAMILY PLAN-
NING. EXHIBITS I, II, III

Subpart 1061.20-Summer Youth Rocre

ation Program (CSA Instruction 6168– 2b)

1061.20-1 Applicability. 1061.20-2 Definitions. 1061.20-3 Summer youth recreation pro

gram-description and components. 1061.20-4 Eligible sponsors/alternates. 1061.20-5 Eligible participants. 1061.20-6 Funding. 1061.20-7 Application process. 1061.20-8 Expenditure of funds. 1061.20-9 Coordination with other programs. 1061.20-10 General requirements. APPENDIXES A AND B TO SUBPART 1061.20

Subpart 1061.30-Emergency Energy Con

servation Program (CSA Instruction

6143-1a) 1061.30–1 Applicability. 1061.30–2 Definitions. 1061.30-3 Background. 1061.304 Purpose. 1061.30-5 Introduction. 1061.30-6 Purpose of the Special Emphasis

Program. 1061.30-7 Eligible participants. 1061.30-8 Eligible applicants. 1061.30-9 Eligible activities. 1061.30–10 Program policy.

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