CSA under title II. It contains a new statement of policy on applications for CSA funds to provide family planning services and a revised set of "Special Conditions Applicable to the Use of CSA Grant Funds for Family Planning Activities".

§ 1061.4-4 Role of family planning in community action.

(a) Family planning information and assistance has been found by many communities to be a highly effective element in their community action programs. Through family planning projects conducted by CAA(s) and delegate agencies, low-income families have been provided with opportunities to gain information and assistance of direct interest and use to them.

(b) A general statement on family planning as an important element of community action can be found in an CSA Program Pamphlet entitled "Family Planning" copies of which can be obtained from any CSA Regional Office or by writing to Community Action Program, CSA, Washington, DC 20506. The pamphlet describes different ways in which family planning activities can be conducted in conjunction with community action programs.

1061.4-5 Policy on family planning applications.

Family planning services, including contraceptive devices and drugs, may be made available to those individuals who meet eligibility criteria as set by the applicant agency, subject only to the limitations set forth in §1061.4-6. Certain other limitations on costs to be paid for with Federal grants funds or local matching contributions remain in effect and are spelled out in the revised special conditions applicable to all CSA-assisted family planning activities. (appendix A, Exhibit III, of this subpart). These include prohibitions on the use of project funds for promotion of those activities through mass media and a limitation of $20 per patient per year on the expenditure of project funds for contraceptive devices or drugs.

1061.4-6 Requirements.

(a) The requirements set forth below must be met by any applicant for CSA

assistance to family planning services financed under section 222(a).

(b) Criteria for Eligibility of a low-income individual for any family planning service shall be established by the applicant agency. If the program is operated by a delegate agency, rather than directly by the applicant, the delegate agency must also indicate its concurrence with the criteria. Any lowincome person who meets these criteria shall be considered eligible for such assistance.

(c) Eligibility criteria established in accordance with the paragraph (b) of this section shall in all cases comply with the following limitations:

(1) Income criteria. All persons receiving CSA assisted family planning services must meet the test of need by reason of circumstances of poverty. Where a family planning program serves an area or neighborhood in which poverty is concentrated, all residents of the "target area" will normally be considered to meet this test. In other cases, the current CSA Income Poverty Guidelines will apply (See Subpart 1060.2 of this chapter).

(2) Other eligibility criteria. Local agencies operating family planning programs may not discriminate against any potential beneficiary on the grounds of race, sex, color, national origin, or religion. They may, however, establish other criteria for eligibility for information, medical assistance, and supplies. Applicants must provide, at the time of application, information on the eligibility criteria they will use. Appendix A, Exhibit I to this subpart is a sample format for use in providing this information.

$1061.4-7 Required assurance.

(a) Any applicant for funds to conduct a family planning project, or a project that includes family planning services, must provide assurance to CSA that it will establish and follow procedures designed to insure that:

(1) No individual will be provided with any information, medical supervision, or supplies which such individual states to be inconsistent with his or her moral, philosophical, or religious beliefs;

(2) No individual will be provided with any medical supervision or sup

plies unless such individual has voluntarily requested such medical supervision or supplies; and

(3) The use of family planning services financed by a CSA grant shall not be a prerequisite to the receipt of services from or participation in any other program financed under the Economic Opportunity Act.

(b) To provide these assurances the local agency requesting funds for such a project shall submit to CSA, at the time of application, a "Statement of Assurance on Family Planning Activities" signed by the grantee and any delegate agency that will actually carry out the project. (See appendix A to this subpart, Exhibit II for a copy of the Assurance Form.)

§ 1061.4-8 Revised grant condition.

As a result of the amendment to section 222(a), CSA has revised the "Special Conditions Applicable to the Use of CSA Grant Funds for Family Planning Activities." The new special conditions are included as Exhibit III of appendix A to this subpart. They supersede all earlier special conditions on family planning activities and will apply to all projects to be approved in the future.

§ 1061.4-9 Effect on previously approved grants.

(a) The policies established in this subpart, in response to the amendment to section 222(a), also apply to previously approved grants for family planning programs, or family planning elements of health programs.

(b) Action to be taken. Each grantee now operating a family planning component, or a component involving family planning information or services, must submit the following material to the appropriate CSA Regional Office no later than February 28, 1967. Failure to submit the required material by that date may result in suspension or termination of any CSA-assisted family planning activities.

(1) A statement describing the criteria to be used in determining eligibility of low-income individuals for family planning services. The statement must be signed by the chair of the governing body, or other appropriate official, of both the grantee and

any delegate agency actually conducting the project involving family planning. A sample format for such a statement is included as appendix A, Exhibit I to this subpart.

(2) A "Statement of Assurance" (See appendix A, Exhibit II to this subpart) signed by the chair of the governing body, or other appropriate official, of both the grantee and any delegate agency actually conducting the project involving family planning.

(c) Revised grant conditions apply. The latest version of the "Special Conditions" now applies to such projects. (See appendix A, Exhibit I to this subpart.)

APPENDIX A TO SUBPART 1061.4-NEW STATEMENT ON CSA POLICY ON FAMILY PLANNING

Exhibit I-Sample Format for Information on Eligibility Criteria for Family Planning Services (To be executed by both the applicant or grantee and any delegate agency)

1. Income Eligibility Criteria

a. Programs serving area or neighborhoods where poverty is concentrated.

Will any income criteria be used other than residence in such area?

If so, specify.

b. Programs serving other areas. Will any income criteria other than the CSA "poverty line index" be used? If so, specify.

2. Other Eligibility Criteria

Will any other eligibility criteria be used? If so, specify.

3. Signature of Appropriate Officials The undersigned hereby declare that this is a true and complete statement of eligibility criteria to be used in the following family planning program or other program involving family planning activities.

a. Identification of Component and Name of Applicant (or Grantee)

b. Signature of Chair of Grantee (or Applicant) Governing Body

Name of Applicant (or Grantee) Agency:
Name of Official:
Title:
Signature:
Date:

c. Signature of Chair of Delegate Agency Governing Body

This must be completed only if a delegate agency will conduct the family planning activities; if more than one delegate agency will participate, all must be listed.

(Name of Applicant or Delegate Agency) AGREES THAT it will establish and follow the procedures listed below in order to comply with the requirements of section 224(4) of the Economic Opportunity Act of 1964, as amended.

1. The Applicant will insure that a copy of the statement set out below is posted conspicuously in a place where prospective clients will have an opportunity to see and read it. The statement will be printed in large type and will also be printed in languages other than English if a considerable number of prospective clients are fluent in only those languages.

Prior to the initial provision of any course of instruction, medical supervision, or supplies relating to family planning to any individual, a program staff member will bring the printed statement to the individual's attention and, if the individual is unable to understand its meaning, will accurately convey the substance of the statement to such individual.

"Statement on Family Planning Activities Assisted by the Community Services Administration".

"A. Anyone who takes part in this family planning program must do so of his/her own free will.

"B. You may not receive any medical assistance or supplies for family planning purposes unless you ask for them of your own free will.

"C. If you object to any particular form or method of family planning for any reason at all, including religious reasons, please say 80. If you say so, you will not get information, assistance, or supplies that relate to that form or method of family planning.

"D. No one is allowed to force you in any way to participate in a family planning program. No one can tell you 'Unless you take part in the family planning program, you won't be allowed to receive welfare, or get job training, or put your child in the Head Start class.'

"E. If you have any questions about what this statement means please ask the officials or doctors who are operating the program. They will be pleased to explain.

"F. If you believe that any of the rules given above have been violated, please tell the officials or doctors who are operating the program at once. Or you may write or call the Community Services Administration, Washington, DC 20506 or the nearest CSA Regional Office."

2. THE APPLICANT further agrees to comply with the "Special Conditions Applicable to the Use of CSA Grant Funds for Family Planning Activities (November, 1966").

3. THIS ASSURANCE is given in consideration of and for the purpose of obtaining either directly or indirectly any and all Federal grants, loans, contracts, property, or discounts, or other Federal financial assistance extended after the date hereof to the Applicant by the Community Services Administration, including installment payments after such date on account of applications for Federal financial assistance which were approved before such date. The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall have the right to seek administrative or other remedies in the event of non-compliance with this assurance. This assurance is binding on the Applicant, its successors, transferees, and assignee, and the person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Applicant.

Date

(Name of Applicant or Delegate Agency) By (President, Chair of Board or comparable authorized official)

(Mailing Address)

Exhibit III-Special Conditions Applicable to the Use of CSA Grant Funds for Family Planning Activities (Nov. 1966)

1. Participation in the family planning component of this program must be entirely voluntary. No coercion or compulsion shall be employed to induce persons to use the family planning services funded by this CSA grant. No individual shall be provided with any medical supervision or supplies unless he or she has voluntarily requested such medical supervision or supplies.

2. Subject to the limitations set forth in these conditions, the project must provide and make known to each participant the availability of advice and assistance on a variety of family planning methods and techniques sufficient to insure that any person may obtain benefits from the program which are consistent with his or her personal beliefs and needs. No individual shall be provided with any information, medical supervision, or supplies which such individual

states to be inconsistent with his or her moral, philosophical, or religious beliefs.

3. Use of the family planning services cannot be a prerequisite to receipt of services from or participation in any other program or activity whether or not funded by this grant.

4. The program must be under medical supervision sufficient to ensure that all practices conform to accepted medical standards.

5. Materials used in connection with this project shall not contain propaganda promoting a particular philosophy, technique or method of family planning, nor shall the administrators of this project declare any such preference in their relations with the participant in the program.

6. Project funds shall not be used to announce or promote through mass media the availability of the family planning program funded by this grant action.

7. No project funds shall be expended for any surgical procedures intended to cause abortions.

8. No project funds shall be spent for contraceptives, contraceptive devices, or drugs in an amount greater than twenty dollars ($20) per patient per year.

9. Project funds shall be exclusively for providing assistance to low-income persons, or to residents of the area served by the community action program. If the project is being carried out in connection with similar programs for other income groups, records shall be maintained which are adequate to demonstrate that this requirement has been satisfied.

10. The project must not be in conflict with state and local law.

Subpart 1061.20-Summer Youth Recreation Program (CSA Instruction 6168-2b)

SOURCE: 44 FR 31000, May 29, 1979, unless otherwise noted.

§ 1061.20-1 Applicability.

This subpart applies to grantees funded under section 222(a)(6) of the Economic Opportunity Act of 1964, as amended, when the assistance is administered by the Community Services Administration.

§ 1061.20-2 Definitions.

For purposes of this subpart the following definitions will apply:

(a) Act shall mean the Economic Opportunity Act of 1964, as amended.

(b) Allocation shall mean the distribution of funds among Community Action Agencies, and, where applicable,

other public or private non-profit agencies.

(c) Certification shall mean a legally binding statement that certain requirements have been fulfilled.

(d) CETA Act shall mean the Comprehensive Employment and Training Act of 1978 (Public Law 95-524).

(e) Chief Elected Official and Chief Executive Officer shall include their designees.

(f) Community Action Agency shall mean a political jurisdiction, public agency, or private non-profit agency which has the power and authority and will perform the function set forth in section 212 of the Act and is determined to be capable of planning, conducting, administering and evaluating a community action program and is currently recognized as a community action agency by the Director.

(g) CSA Regional Director shall mean the ten Regional Directors of the Community Services Administration in specified geographical areas of the country. (See Appendix A for the appropriate CSA Regional Office serving your area).

(h) Director shall mean the Director of the Community Services Administration.

(i) Economically Disadvantaged shall mean a person who is a member of a family as defined under CSA income poverty guidelines.

(j) Summer Youth Program shall mean the Summer Employment Program for Economically Disadvantaged Youth funded under Title IV section 481(a) of the Comprehensive Employment and Training Act of 1978 and administered by the U.S. Department of Labor.

§ 1061.20-3 Summer youth recreation program—description and compo

nents.

(a) Description. (1) The Summer Youth Recreation Program is designed to provide recreational opportunities for low-income children during the summer months. The programs will be conducted in conjunction with the Summer Youth Program administered by the U.S. Department of Labor. Summer Youth enrollees should be utilized to the maximum extent possible in the conduct of this program.