shall approve its written travel regulations and designate responsible officials to assure that the regulations comply with the requirements of this subpart and are adhered to by employees when using grant funds (including the required non-Federal share) to pay for their travel.

(c) In common with other expenditures, payments for travel are subject to audit by independent licensed public accountants and Federal auditors. Expenditures for travel which fail to meet the requirements of this subpart may be questioned as proper charges against grant funds. Grantees are responsible for providing the documentation needed to prove that questioned travel expenditures were reasonable and necessary.

(d) In addition, grant funds may not be used to reimburse costs incurred for travel which violates any OEO Instruction, Community Action Memo or grant condition. Particular attention is directed to the limitations on travel for the purpose of lobbying set forth in Community Action Memo No. 66,1 and to the authorized uses for project vehicles discussed in Community Action Memo No. 72.1 § 1069.3-3

Accounting for travel funds.

All grantee or delegate agency payments for travel by employees, consultants, and members of governing or administering boards must be authorized in advance and must be supported by properly approved invoices covering both travel and, if, applicable, per diem. Suggested forms for this purpose are available at OEO Headquarters and Regional Offices.

§ 1069.3-4 General travel regulations.

(a) General travel regulations issued by grantees and delegate agencies should contain the restrictions set forth as follows:

(1) Where a grantee or delegate agency has a previously established travel policy which contains requirements that are more restrictive than those of the SGTR, the more restrictive requirements shall be followed.

(2) Mileage costs for use of privately owned automobiles shall be paid in accordance with prevailing rates in a community. In no event, however, may the rates paid exceed 10 cents a mile.

1 Not filed with the Office of the Federal Register.

(3) Less than first-class travel accommodations shall be used in all instances except the following: The reason(s) for travelling first-class must be shown on travel vouchers submitted for reimbursement.

(1) These accommodations do not exist are not available within a reasonable time;

(ii) Less than first-class would result in higher overall cost because of required routing, time urgency, baggage differential or other factors;

(iii) Physical condition of the traveler or other extenuating circumstances require the use of first-class.

(b) Grantee and delegate agency travelers shall have their travel authorized in advance in accordance with their organization's rules on the subject. The authorization shall include a brief explanation of the purpose of the trip, destination, and period during which the travelers will be on travel status. Reimbursements for travel expenses should be supported by vouchers that show the name of the individuals who traveled and refer to the authorization that approved the travel.

(c) Local travel expenses for persons whose position require daily or intermittent travel should be covered by a general travel authorization and should only be reimbursed after presentation of a local travel expense statement submitted at regular intervals.

(d) When program personnel are in a travel status through the ending date of a program year and into a new program year, the cost of their transportation shall be charged to the period in which the tickets for their travel were purchased. However, mileage, per diem, and other expenses reimbursed to a traveler shall be charged to the proper program-year grant in accordance with the days in which the expenses were incurred and the per diem was due.

§ 1069.3-5 Restrictions on charging out-of-the-community travel costs to grant funds.

(a) Grantees may use OEO grant funds to reimburse out-of-the-community travel costs incurred by grantee and delegate agency employees, consultants, and members of governing or administering boards without obtaining prior OEO approval, if the travel was for purposes outlined below and meets the geographical limitations of § 1069.3-6.

(1) The travel is in response to a specific invitation from the OEO Headquarters or an OEO Regional Office to attend a conference or meeting for the purpose of furthering CAP activities.

(2) Travel to attend conferences and meetings of professional organizations whose efforts are closely related to the poverty programs. This would include, but not be limited to, State Economic Opportunity Offices operating under an OEO grant, the National Association for Community Development, and Community Action Directors' Associations. No specific limit is imposed on the number of trips which may be charged to the grant within the approved budget. However, grantees and delegate agencies should be prepared to show to OEO auditors, inspectors, and evaluation teams that each such trip was reasonable and contributed to the development or management of the grantee's approved program.

(3) Travel to interview prospective employees or to procure services, supplies or equipment when it can be shown that the travel was necessary and advantageous in the instances involved.

(b) All other travel must be specifically approved, in writing, in advance by the Director, Community Action Program, OEO (Headquarters funded programs) and the Regional Director (Regionally funded programs), or their designees, before reimbursement from grant funds is authorized.

§ 1069.3-6 Approval of travel outside the continental United States.

(a) All travel outside of the limits of the 48 continental United States must be approved in writing, in advance, by the Regional Director for Regionally administered grants or the Director, CAP, for Headquarters administered grants. Similar approval is required for travel within the continental United States by CAP grantees in Alaska, Hawaii, and the United States Territories.

(b) CAP grantees in Alaska, Hawaii, and the Territories may permit travel to meetings within their state or territory without specific OEO approval, if the travel meets the other requirements of this instruction. Travel is also permitted between Puerto Rico and the Virgin Islands for area meetings and conferences and similarly between Micronesia (the Trust Territories) and Guam. All other travel outside of these States or areas must have prior approval.

§ 1069.3-7 Per Diem Rates for OEO Grantees and Delegate Agencies.

(a) Background. Public Law 91-114 amended the Standardized Government Travel Regulations (SGTR) by increasing the authorized maximum per diem rate from $16 to $25 for travel within the limits of the continental United States (the 48 contiguous States and the District of Columbia). The Per Diem, Travel and Transportation Allowance Committee, Department of Defense, prescribes the per diem rates for civilian travel by Federal employees in Alaska, Hawaii, the Commonwealth of Puerto Rico, the Canal Zone and possessions of the United States. These rates are published in the Civilian Personnel Per Diem Bulletin.

(b) Policy. Grantees and delegate agencies who follow the travel policies in the SGTR are authorized to reimburse employees, consultants and members of governing or administering boards up to a maximum per diem rate of $25 for offcial travel within the continental United States. However, if an agency's own existing travel policies establish a lower maximum per diem rate, or the terms of its grant require a lower rate, the lower maximum applies. The maximum rates adopted by a grantee or delegate agency for official travel outside the continental United States shall be no higher than those prescribed by the Civilian Personnel Per Diem Bulletins.

(c) Establishing per diem rates. The new SGTR per diem rates are maximums and are not intended to be applied on a blanket basis to all grantee or delegate agency travel. Grantees and delegate agencies shall establish their own rules for determining when the maximum (whether SGTR or the agency's own lower maximum) shall be used and when lower rates shall apply. Factors which should be considered when setting per diem rates are: Cost of lodging and meals in the locality; availability of meals and lodging at temporary duty locations without charge, or at nominal cost; special rates for meals and lodging at meetings or conferences; and extended duty at a place where the traveler may obtain accommodations at reduced rates. Increased per diem rates must be absorbed within existing grant funds.

(d) Retroactive rates. The new maximum rates may be applied to travel undertaken on or after November 10, 1969, for those grantees and delegate agencies

whose travel policies during that period had provided for following the SGTR's maximum per diem rates. It will be up to each of these grantee and delegate agencles to determine whether these rates will apply retroactively for travel between November 10, 1969, and the date of this Instruction. Increased travel costs that occur as a result must be absorbed within existing grant funds.

(e) Supply of per diem regulations. Copies of the SGTR with revisions, as well as the Civilian Personnel Per Diem Bulletins, will be provided to grantees and delegate agencies upon request to the appropriate Regional Office or Headquarters funding office.

(Sec. 602, 78 Stat. 530; 42 U.S.C. 2942) [35 F.R. 7789, May 21, 1970]

Subpart-Reporting Salaries of
$10,000 or More

AUTHORITY: The provisions of this Subpart issued under sec. 610-1(b), 81 Stat. 716; 42 U.S.C. 2951.

SOURCE: The provisions of this Subpart appear at 36 F.R. 22751, Nov. 30, 1971, unless otherwise noted.

§ 1069.5-1 Applicability of this subpart.

All grant programs financially assisted under titles I-D, II, and III-B of the Economic Opportunity Act of 1964, as amended, if the assistance is administered by OEO.

(a) All grantees receiving financial assistance from the Office of Economic Opportunity shall submit to OEO, no later than July 31 of each year, an annual report of all grantee and delegate agency employees employed as of the prior June 30 in a program financially assisted by OEO, whose annualized salary rate was $10,000 or more (biweekly rate of $384.63 or more).

(b) This report must be submitted in duplicate by grantees using OEO Form 242. This report must be submitted in time to be received by OEO before July 31 of each year. The report should be sent to the OEO Office which administers the grant in question; for most Community Action Agencies, this will be the appropriate OEO Regional Office.

1 OEO Form 242 is available through normal supply channels of the Office of Economic Opportunity:

Office of Economic Opportunity Warehouse, 5458 Third Street NE., Washington, DC 20011.

Subpart-Public Access to Grantee Information

AUTHORITY: The provisions of this Subpart issued under secs. 213, 602, 81 Stat. 695, 78 Stat. 530; 42 U.S.C. 2796, 2942.

SOURCE: The provisions of this Subpart appear at 34 F.R. 7375, May 7, 1969, unless otherwise noted.

§ 1070.1-1 Applicability of this subpart.

This subpart applies to all public agencies and private organizations which receive financial assistance under title I-B, I-D, II, or III-B of the Economic Opportunity Act, as amended, if the assistance is administered by OEO. § 1070.1-2 Definitions.

As used in this subpart

(a) "Agency" when used without qualification means a public agency or private organization which has received assistance under title I-B, title I-D, title II, or title III-B of the Economic Opportunity Act.

(b) "Applicant agency" means an agency which has filed an application with OEO for direct assistance under title I-B, title I-D, title II, or title III-Р of the Economic Opportunity Act.

(c) "Community Action Agency" means an agency that has been recognized as such under section 210 of the Economic Opportunity Act by OEO.

(d) "Completed audit" means the auditor's final report as transmitted to the audited agency, along with any comments made by the audited agency in response to the audit report. The audit becomes "completed" 30 days after receipt by the audited agency.

(e) "Delegate agency" means an agency to which the development, conduct, or administration of all or part of a project assisted under title I-B, title I-D, title II, or title III-B of the Economic Opportunity Act has been delegated by the direct recipient of the assistance.

(f) "Economic

Opportunity Act" means the Economic Opportunity Act of 1964 together with amendments. Citation to any section includes the corresponding section of the Act prior to the 1967 Amendments.

(g) "OEO," unless otherwise indicated in this subpart, refers to the appropriate Regional or Headquarters Office with responsibility for approving the particular grant or contract.

§ 1070.1-3 Requirements for inspection and examination.

(a) Every Community Action Agency and every applicant agency which currently seeks recognition by OEO as a Community Action Agency shall make available to any person for inspection and examination all of those documents described in § 1070.1-4, but this shall not apply if the Community Action Agency or applicant agency is a state, a political subdivision of a State, or a combination of such political subdivisions.

(b) Any State, political subdivision of a State, or combination of such political subdivisions that is or seeks to become a Community Action Agency, any delegate agency, and all other agencies (other than Community Action Agencies) that are recipients of direct assistance under title I-B, title I-D, title II, or title III-B of the Economic Opportunity Act shall make available to any person for inspection and examination those documents described in paragraphs (a) to (i) of § 1070.1-4 and the records described in paragraphs (j) through (n) which pertain to activities assisted by OEO. § 1070.1-4

tion.

Classes of public informa

The following are the books and rec

ords and other classes of public information which an agency shall make available for public inspection and examination to the extent required by § 1070.1-3:

(a) Any application of the agency submitted to and currently pending with OEO for assistance under the Economic Opportunity Act;

(b) Copies of all those written statements and affidavits which are filed with the agency pursuant to the requirements of § 1070.2-5;

(c) Any proposal received by the agency and currently pending before it for inclusion of a certain project in an application to OEO;

(d) Any proposal approved by the agency for inclusion in an application for assistance under the Economic Opportunity Act but not yet submitted to OEO; however, this requirement shall not apply to proposals for research or demonstration projects in situations where the agency believes disclosure will jeopardize its proprietary interests in the proposal;

(e) All books of account maintained by the agency with respect to its development, conduct, or administration or any program or project assisted by OEO;

(f) All contracts made in connection with the administration of any program or project assisted by OEO, including contracts for conduct and administration of program accounts, contracts for consultant services, and contracts for the purchase of goods and services, as well as all purchase of goods and services, as well as all purchase orders, invoices, and other documents evidencing the expenditure of project funds;

(g) With respect to any assistance which has been received by the agency from OEO under title I-B, title I-D, title II, or title III-B of the Economic Opportunity Act, the application for such assistance, the statement of grant or similar document indicating approval of the application and extension of assistance by OEO, and all documents accompanying such a statement of grant or similar document, or authorizing changes in the grant as originally approved;

(h) All report forms submitted by the agency to OEO with respect to the development, conduct, or administration of any program assisted by OEO, with the exception that this paragraph shall not apply to reports of data about iden

tifiable persons who are clients of legal services programs or who are beneficiaries of any other programs;

(i) Articles of incorporation and bylaws of any private agency or any official acts governing the creation and operation of a public agency, and any similar documents which provide the basic authority of the agency or the basic rules of its governance;

(j) Lists of names of all current and past employees of the agency together with their job descriptions and their rate of compensation, but Neighborhood Youth Corps enrollees are not considered employees for purposes of this subsection nor are other persons receiving payments in the form of stipends or otherwise who are intended as the principal and direct beneficiaries of a program.

(k) Statements or records of all actions taken (as distinguished from reports of discussion) at all meetings of the principal representative board, the Board of Directors, Executive Committee, and other boards which have the power to make decisions on behalf of the agency or to advise the agency on policy;

(1) Lists of the names and addresses of all current and past members of the agency, and of its boards, councils, and committees that have or have had policy making or policy advisory responsibility for the program;

(m) Current and past budgets of the agency, and reports of completed audits of the accounts of the agency required by section 243 of the Economic Opportunity Act and made by a certified public accountant, a duly licensed public accountant, or, in the case of a public agency, the appropriate public financial officer.

(n) Current and past city, State, and Federal tax returns filed by the agency. § 1070.1-5 Additional information.

Any agency which is assisted by OEO, or which is seeking such assistance, should make documents relating to such assistance available to the maximum extent possible. Except in cases where disclosure of such documents would involve an invasion of privacy, would impose an undue administrative burden on the agency, or would interfere with the internal decision making processes of the agency, the agency should permit examination and inspection of all such documents requested by any person. The enumeration of books and records and other classes of public information to be made

available under § 1070.1-4 should not be considered exhaustive.

§ 1070.1-6

Conditions of public inspec

tion and examination.

(a) In any case in which books and records or other documents are required by this subpart to be made available for public inspection and examination, they shall be made available at the principal office of the disclosing agency at which business related to assistance received under the Economic Opportunity Act is transacted.

(b) They shall be available during regular business hours on each regular workday (Monday through Friday of each week, official local holidays excepted). In the case of documents being used for official purposes at the time request for inspection and examination is made, the documents shall be made available no later than five business days after the receipt of each request. The requirements for public inspection may be satisfied by making available for such inspection either the original or a copy which is both legible and capable of being legibly photocopied. Facsimile copies should also be furnished to any person upon request. If the agency uses its own reproduction equipment, it may charge a fee of 10 cents or less for each page. If other equipment is used, the fee shall not exceed the actual cost of the service to the agency.

(c) In any case in which an agency concludes that notwithstanding the provisions of this subpart a document should not be made public, the agency shall immediately request the approval of OEO in writing, giving a description of the document and a full explanation of the justification for the agency's conclusion that the document is not of a public nature. OEO will in such cases make a prompt determination as to whether the document should be made public.

Subpart-Grantee Public Meetings and Hearings

AUTHORITY: The provisions of this Subpart issued under secs. 213, 602, 81 Stat. 695, 78 Stat. 530; 42 U.S.C. 2796, 2942.

SOURCE: The provisions of this Subpart appear at 34 F.R. 7376, May 7, 1969, unless otherwise noted.

§ 1070.2-1 Applicability of this subpart.

This subpart applies to all agencies and organizations covered by § 1070.1-1.