section 3045 (a) of this title and their spouses (referred to herein as "eligible individuals");

(3) to furnish a site for such nutrition project in as close proximity to the majority of eligible individuals' residences as feasible, such as a school or a church, preferably within walking distance where possible and, where appropriate, to furnish transportation to such site or home-delivered meals to eligible individuals who are homebound;

(4) to utilize methods of administration, including outreach, which will assure that the maximum number of eligible individuals may have an opportunity to participate in such nutrition project;

(5) to provide special menus, where feasible and appropriate, to meet the particular dietary needs arising from the health requirements, religious requirements or ethnic backgrounds of eligible individuals;

(6) to provide a setting conducive to expanding the nutrition project and to include, as a part of such project, recreational activities, informational, health and welfare counseling and referral services, where such services are not otherwise available;

(7) to include such training as may be necessary to enable the personnel to carry out the provisions of this subchapter;

(8) to establish and administer the nutrition project with the advice of persons competent in the field of service in which the nutrition program is being provided, of elderly persons who will themselves participate in the program and of persons who are knowledgeable with regard to the needs of elderly persons;

(9) to provide an opportunity to evaluate the effectiveness, feasibility, and cost of each particular type of such project;

(10) to give preference to persons aged sixty or over for any staff positions, full- or part-time, for which such persons qualify and to encourage the voluntary participation of other groups, such as college and high school students in the operation of the project; and

(11) to comply with such other standards as the Commissioner may by regulation prescribe in order to assure the high quality of the nutrition project and its general effectiveness in attaining the objectives of this subchapter.

(b) The Commissioner and the Comptroller General of the United States or any of their duly authorized representatives shall have access for the purpose of audit and examination to any books, documents, papers, and records that are pertinent to a grant or contract received under this subchapter. (Pub. L. 89-73, title VII, § 706, as added Pub. L. 92258, § 2, Mar. 22, 1972, 86 Stat. 93, and amended Pub. L. 93-29, title VII, § 704 (c), May 3, 1973, 87 Stat. 57.)

AMENDMENTS

1973-Pub. L. 93-29 substituted, wherever appearing in subsecs. (a) (11), (b) of this section, "Commissioner" for "Secretary" when meaning the Secretary of Health, Education, and Welfare.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3045b, 3045d of this title.

§ 3045f. Surplus commodities.

(a) Agricultural commodities and products purchased by the Secretary of Agriculture under section 612c of Title 7 may be donated to a recipient of a grant or contract to be used for providing nutritional services in accordance with the provisions of this subchapter.

(b) The Commodity Credit Corporation may dispose of food commodities under section 1431 of Title 7 by donating them to a recipient of a grant or contract to be used for providing nutritional services in accordance with the provisions of this subchapter.

(c) Dairy products purchased by the Secretary of Agriculture under section 1446a-1 of Title 7 may be used to meet the requirements of programs providing nutritional services in accordance with the provisions of this subchapter. (Pub. L. 89-73, title VII, § 707, as added Pub. L. 92-258, § 2, Mar. 22, 1972, 86 Stat. 94, and amended Pub. L. 93-29, title VII, § 701, May 3, 1973, 87 Stat. 56.)

AMENDMENTS

1973 Subsec. (a). Pub. L. 93-29, in revising the subsection, abbreviated the text without substantial change and deleted authorization of Secretary of Agriculture to prescribe terms and conditions respecting use of commodities donated under section 612c of Title 7 as would maximize the nutritional and financial contributions of such donated commodities in public or private nonprofit institutions or organizations, agencies, or political institutions of a State.

Subsec. (b). Pub. L. 93-29 added subsec. (b). Former subsec. (b) authorized Secretary of Agriculture to utilize the projects authorized under this subchapter in carrying out the provisions of clause (2) of section 612c of Title 7.

Subsec. (c). Pub. L. 93-29 added subsec. (c).

§ 3045g. Authorization of appropriations.

For the purpose of carrying out the provisions of this subchapter there are hereby authorized to be appropriated $100,000,000 for the fiscal year ending June 30, 1973, and $150,000,000 for the fiscal year ending June 30, 1974. In addition, there are hereby authorized to be appropriated for such fiscal years, as part of the appropriations for salaries and expenses for the Administration on Aging, such sums as Congress may determine to be necessary to carry out the provisions of this subchapter. Sums appropriated pursuant to this section which are not obligated and expended prior to the beginning of the fiscal year succeeding the fiscal year for which such funds were appropriated shall remain available for obligation and expenditure during such succeeding fiscal year. (Pub. L. 89-73, title VII, § 708, as added Pub. L. 92-258, § 2, Mar. 22, 1972, 86 Stat. 94.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3045b of this title. § 3045h. Relationship to other laws.

No part of the cost of any project under this subchapter may be treated as income or benefits to any eligible individual for the purpose of any other program or provision of State or Federal law. (Pub. L. 89-73, title VII, § 709, as added Pub. L. 92-258, § 2, Mar. 22, 1972, 86 Stat. 95.)

§30451. Agreements with profitmaking organizations.

None of the provisions of this subchapter shall be construed to prevent a recipient of a grant or a contract from entering into an agreement, subject to

the approval of the State agency, with a profitmaking organization to carry out the provisions of this subchapter and of the appropriate State plan. (Pub. L. 89-73, title VII, § 710, as added Pub. L. 92–258, § 2, Mar. 22, 1972, 86 Stat. 95.)

SUBCHAPTER VIII-GENERAL PROVISIONS

S$ 3051 to 3055. Repealed. Pub. L. 93-29, title II, § 202, May 3, 1973, 87 Stat. 36.

CODIFICATION

Sections 3051 to 3055, which comprised former subchapter VIII of this chapter, were repealed by Pub. L. 93-29, title II, § 202, May 3, 1973, 87 Stat. 36. Such sections contained the following provisions:

Section 3051, Pub. L. 89-73, title VIII, § 801, formerly title VI, § 601, July 14, 1965, 79 Stat. 225; Pub. L. 90-42, § 5(c), (d), July 1, 1967, 81 Stat. 107; renumbered title VII, § 701, Pub. L. 91-69, § 9, Sept. 17, 1969, 83 Stat. 111; renumbered title VIII, § 801, Pub. L. 92-258, § 1, Mar. 22, 1972, 86 Stat. 88, related to advisory committees in general, providing in: subsec. (a) for establishment of Advisory Committee on Older Americans, its membership, and term of office; subsec. (b) for appointment of technical advistory committees; subsec. (c) for compensation and travel expenses; and subsec. (d) for technical and clerical assistance for Advisory Committee. A Federal Council on the Aging is now provided for in section 3015 of this title.

Section 3052, Pub. L. 89-73, title VIII, § 802, formerly title VI, § 602, July 14, 1965, 79 Stat. 226; Pub. L. 90-42, § 5(e), (f), July 1, 1967, 81 Stat. 107, 108; renumbered title VII, § 702, Pub. L. 91-69, § 9, Sept. 17, 1969, 83 Stat. 111; renumbered title VIII, § 802, Pub. L. 92-258, § 1, Mar. 22, 1972, 86 Stat. 88, related to administration, and is now covered by section 3016 (a), (b) of this title. Section 3053, Pub. L. 89-73, title VIII, § 803, formerly title VI, § 603, July 14, 1965, 79 Stat. 226; Pub. L. 90-42, § 4, July 1, 1967, 81 Stat. 107; renumbered title VII, § 703 and amended Pub. L. 91-69, §§ 2(b), 9, Sept. 17, 1969, 83 Stat. 108, 111; renumbered title VIII, § 803, Pub. L. 92-258, § 1, Mar. 22, 1972, 86 Stat. 88, related to authorization of appropriations, and is now covered by section 3037 of this

title.

Section 3054, Pub. L. 89-9, title VIII, § 804, formerly title VII, § 704, as added Pub. L. 91-69, § 12, Sept. 17, 1969, 83 Stat. 114; renumbered Pub. L. 92-258, § 1, Mar. 22, 1972, 86 Stat. 88, related to evaluation of programs, and is now covered by section 3017 (g) of this title. See such section 3017 generally.

Section 3055, Pub. L. 89-73, title VIII, § 805, formerly title VII, § 705, as added Pub. L. 91-69, § 13, Sept. 17, 1969, 83 Stat. 114; renumbered Pub. L. 92-258, § 1, Mar. 22, 1972, 86 Stat. 88, related to joint funding of projects, and is now covered by section 3019 of this title.

(c)

3062.

Establishment.

(b) Authority of Secretary; execution of agreements with terms and conditions for furthering purposes and goals of program; regulations for execution of chapter provisions. Costs; non-Federal share. Administration of community service projects. (a) Consideration of needs of localities, employment situation and skills of eligible participants, and potential projects and number and percentage of eligible individuals in local population. (b) Agency cooperation; community service projects as part of general manpower programs; expenditure of project appropriations for manpower programs prohibited.

In order to foster and promote useful part-time work opportunities in community service activities for unemployed low-income persons who are fiftyfive years old or older and who have poor employment prospects, the Secretary of Labor (hereinafter referred to as the "Secretary") is authorized to establish an older American community service employment program (hereinafter referred to as the "program").

(b) Authority of Secretary; execution of agreements with terms and conditions for furthering purposes and goals of program; regulations for execution of chapter provisions.

In order to carry out the provisions of this chapter, the Secretary is authorized

(1) to enter into agreements with public or private nonprofit agencies or organizations, agencies of a State government or a political subdivision of a State (having elected or duly appointed governing officials), or a combination of such political subdivisions, or Indian tribes on Federal or State reservations in order to further the purposes and goals of the program. Such agreements may include provisions for the payment of costs, as provided in subsection (c) of this section, of projects developed by such organizations and agencies in cooperation with the Secretary in order to make the program effective or to supplement it. No payments shall be made by the Secretary toward the cost of any project established or administered by any such organization or agency unless he determines that such project

(A) will provide employment only for eligible individuals, except for necessary technical, administrative, and supervisory personnel, but such personnel shall, to the fullest extent possible, be recruited from among eligible individuals;

(B) will provide employment for eligible individuals in the community in which such individuals reside, or in nearby communities;

(C) will employ eligible individuals in services related to publicly owned and operated facilities and projects, or projects sponsored by organizations exempt from taxation under the provisions of section 501 (c) (3) of Title 26 (other than political parties), except projects involving the construction, operation, or maintenance of any facility used or to be used as a place for sectarian religious instruction or worship;

(D) will contribute to the general welfare of the community;

(E) will provide employment for eligible individuals whose opportunities for other suitable public or private paid employment are poor;

(F) will result in an increase in employment opportunities for eligible individuals, and will not result in the displacement of employed workers or impair existing contracts;

(G) will utilize methods of recruitment and selection (including, but not limited to, listing of job vacancies with the employment agency operated by any State or political subdivision thereof) which will assure that the maximum number of eligible individuals will have an opportunity to participate in the project;

(H) will include such training as may be necessary to make the most effective use of the skills and talents of those individuals who are participating, and will provide for the payment of the reasonable expenses of individuals being trained, including a reasonable subsistence allowance;

(I) will assure that safe and healthy conditions of work will be provided, and will assure that persons employed in public service jobs assisted under this chapter shall be paid wages which shall not be lower than whichever is the highest of (i) the minimum wage which would be applicable to the employee under the Fair Labor Standards Act of 1938, if section 6(a) (1) of such Act applied to the participant and if he were not exempt under section 13 thereof, (ii) the State or local minimum wage for the most nearly comparable covered employment, or (iii) the prevailing rates of pay for persons employed in similar public occupations by the same employer;

(J) will be established or administered with the advice of persons competent in the field of service in which employment is being provided, and of persons who are knowledgeable with regard to the needs of older persons;

(K) will authorize pay for necessary transportation costs of eligible individuals which may be incurred in employment in any project funded under this chapter in accordance with regulations promulgated by the Secretary; and (L) will assure that to the extent feasible such projects will serve the needs of minority, Indian, and limited English-speaking eligible individuals in proportion to their numbers in the State;

(2) to make, issue, and amend such regulations as may be necessary to effectively carry out the provisions of this chapter.

(c) Costs; non-Federal share.

(1) The Secretary is authorized to pay not to exceed 90 per centum of the cost of any project which is the subject of an agreement entered into under subsection (b) of this section, except that the Secretary is authorized to pay all of the costs of any such project which is (A) an emergency or disaster project or (B) a project located in an economically depressed area as determined in consultation with the Secretary of Commerce and the Director of the Office of Economic Opportunity.

(2) The non-Federal share shall be in cash or in kind. In determining the amount of the non-Federal share, the Secretary is authorized to attribute fair market value to services and facilities contributed from non-Federal sources. (Pub. L. 93-29, title IX, § 902, May 3, 1973, 87 Stat. 60.)

REFERENCES IN TEXT

Fair Labor Standards Act of 1938, and sections 6(a)(1) and 13 of such Act, referred to in subsec. (b) (1) (I), are classified to sections 201 et seq., 206(a)(1), and 213 of Title 29, Labor, respectively.

SHORT TITLE

Section 901 of Pub. L. 93-29 provided that: "This title [this chapter] may be cited as the 'Older American Community Service Employment Act'."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3062 of this title. § 3062. Administration of community service projects. (a) Consideration of needs of localities, employment situation and skills of eligible participants, and potential projects and number and percentage of eligible individuals in local population.

In order to effectively carry out the purposes of this chapter, the Secretary is authorized to consult with agencies of States and their political subdivisions with regard to—

(1) the localities in which community service projects of the type authorized by this chapter are most needed;

(2) consideration of the employment situation and the types of skills possessed by available local individuals who are eligible to participate; and

(3) potential projects and the number and percentage of eligible individuals in the local population.

(b) Agency cooperation; community service projects as part of general manpower programs; expenditure of project appropriations for manpower programs prohibited.

(1) The Secretary is authorized and directed to require agencies and organizations administering community service projects and other activities assisted under this chapter to coordinate their projects and activities with agencies and organizations conducting related manpower and unemployment programs receiving assistance under this Act and under other authorities such as the Economic Opportunity Act of 1964, the Manpower Development and Training Act of 1962, and the Emergency Employment Act of 1971. In carrying out the provisions of this paragraph, the Secretary is authorized to make necessary arrangements to include projects and activities assisted under this chapter within a common agreement and a common application with projects assisted under this Act and other provisions of law such as the Economic Opportunity Act of 1964, the

Manpower Development and Training Act of 1962, the Emergency Employment Act of 1971.

(2) The Secretary is authorized to make whatever arrangements that are necessary to carry out the programs assisted under this chapter as part of any general manpower legislation hereafter enacted, except that appropriations for programs assisted under this chapter may not be expended for programs assisted under that title.

(c) Use of services, equipment, personnel, and facilities of Federal and other agencies; cooperation with other public and private agencies in such

use.

In carrying out the provisions of this chapter, the Secretary is authorized to use, with their consent, the services, equipment, personnel, and facilities of Federal and other agencies with or without reimbursement, and on a similar basis to cooperate with other public and private agencies, and instrumentalities in the use of services, equipment and facilities.

(d) Community service projects; criteria for equitable participation in administration of such projects. The Secretary shall establish criteria designed to assure equitable participation in the administration of community service projects by agencies and organizations eligible for payment under section 3061(b) of this title.

(e) Payments; advances; reimbursement; install

ments.

Payments under this chapter may be made in advance or by way of reimbursement and in such installments as the Secretary may determine. (f) Delegation of functions and duties prohibited.

The Secretary shall not delegate his functions and duties under this chapter to any other department or agency of the Government. (Pub. L. 93-29, title IX, § 903, May 3, 1973, 87 Stat. 62.)

REFERENCES IN TEXT

"This Act", referred to in subsec. (b) (1), means Pub. L. 93-29, classified generally to chapter 35 of this title and this chapter. For complete classification of Pub. L. 93-29 in the Code, see short title note set out under section 3003 of this title.

Economic Opportunity Act of 1964, referred to in subsec. (b) (1), is classified to section 2701 et seq. of this title. Manpower Development and Training Act of 1962, referred to in subsec. (b) (1), which was classified to section 2571 et seq. of this title; was repealed by Pub. L. 93-203, title VI, § 614, Dec. 28, 1973, 87 Stat. 883, and is now covered by section 801 et seq. of Title 29, Labor. Emergency Employment Act of 1971, referred to in subsec. (b) (1), which was classified to section 4871 et seq. of this title, was omitted and is now covered by section 801 et seq. of Title 29.

§ 3063. Participants without status of Federal employees; contractual requirement of workmen's compensation coverage and severance benefits.

(a) Eligible individuals who are employed in any project funded under this chapter shall not be considered to be Federal employees as a result of such employment and shall not be subject to the provisions of part III of Title 5.

(b) No contract shall be entered into under this chapter with a contractor who is, or whose employees are, under State law, exempted from operation of the State workmen's compensation law, generally applicable to employees, unless the con

tractor shall undertake to provide either through insurance by a recognized carrier, or by self insurance, as allowed by State law, that the persons employed under the contract, shall enjoy workmen's compensation coverage equal to that provided by law for covered employment. The Secretary must establish standards for severance benefits, in lieu of unemployment insurance coverage, for eligible individuals who have participated in qualifying programs and who have become unemployed. (Pub. L. 93-29, title IX, § 904, May 3, 1973, 87 Stat. 63.) § 3064. Interagency cooperation.

The Secretary shall consult and cooperate with the Office of Economic Opportunity, the Administration on Aging, the Department of Health, Education, and Welfare, and any other related Federal agency administering related programs, with a view to achieving optimal coordination with such other programs and shall promote the coordination of projects under this chapter with other public and private programs or projects of a similar nature. Such Federal agencies shall cooperate with the Secretary in disseminating information about the availability of assistance under this chapter and in promoting the identification and interests of individuals eligible for employment in projects funded under this chapter. (Pub. L. 93-29, title IX, § 905, May 3, 1973, 87 Stat. 63.)

§ 3065. Allotment for projects. (a) Allotment formula.

(1) From the sums appropriated for any fiscal year under section 3067 of this title there shall be initially allotted for projects within each State an amount which bears the same ratio to such sum as the population, aged fifty-five or over in such State bears to the population aged fifty-five or over in all States, except that (A) no State shall be allotted less than one-half of 1 per centum of the sum appropriated for the fiscal year for which the determination is made; and (B) Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands shall each be allotted an amount equal to one-fourth of 1 per centum of the sum appropriated for the fiscal year for which the determination is made. For the purpose of the exemption contained in this paragraph, the term "State" does not include Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.

(2) The number of persons aged fifty-five or over in any State and for all States shall be determined by the Secretary on the basis of the most satisfactory data available to him.

(b) Reallotments.

The amount allotted for projects within any State under subsection (a) of this section for any fiscal year which the Secretary determines will not be required for that year shall be reallotted, from time to time and on such dates during such year as the Secretary may fix, to projects within other States in proportion to the original allotments to projects within such States under subsection (a) of this section for that year, but with such proportionate amount for any of such other States being reduced

to the extent it exceeds the sum the Secretary estimates that projects within such State need and will be able to use for such year; and the total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount reallotted to a State under this subsection during a year shall be deemed part of its allotment under subsection (a) of this section for that year.

(c) Equitable distribution of assistance.

The amount apportioned for projects within each State under subsection (a) of this section shall be apportioned among areas within each such State in an equitable manner, taking into consideration the proportion which eligible persons in each such area bears to such total number of such persons, respectively, in that State. (Pub. L. 93-29, title IX, § 906, May 3, 1973, 87 Stat. 63.)

§ 3066. Definitions.

As used in this chapter

(a) "State" means any of the several States of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands;

(b) "eligible individual" means an individual who is fifty-five years old or older, who has a low income, and who has or would have difficulty in securing employment, except that pursuant to regulations prescribed by the Secretary any such individual who is sixty years old or older shall have priority for the work opportunities provided for under this Act;

(c) "community service" means social, health, welfare, educational, library, recreational, and other similar services; conservation, maintenance or restoration of natural resources; community betterment or beautification; antipollution and environmental quality efforts; economic development; and such other services which are essential and necessary to the community as the Secretary, by regulation, may prescribe.

(Pub. L. 93-29, title IX, § 907, May 3, 1973, 87 Stat. 64.)

REFERENCES IN TEXT

"This Act", referred to in subsec. (b), means Pub. L. 93-29, classified to this chapter and generally to chapter 35 of this title. For complete classification of Pub. L. 93-29 in the Code, see short title note set out under section 3003 of this title.

§ 3067. Authorization of appropriations.

There are hereby authorized to be appropriated $60,000,000 for the fiscal year ending June 30, 1974, and $100,000,000 for fiscal year ending June 30, 1975, to carry out the provisions of this chapter. (Pub. L. 93-29, title IX, § 908, May 3, 1973, 87 Stat. 64, amended Pub. L. 93-113, title VI, § 604 (b), Oct. 1, 1973, 87 Stat. 417.)

AMENDMENTS

1973-Pub. L. 93-113 substituted "1974" and "1975" for "1973" and "1974", respectively.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3065 of this title.

Chapter 36.-COMPENSATION OF CONDEMNEES IN DEVELOPMENT PROGRAMS

§§ 3071 to 3074. Repealed. Pub. L. 91-646, title II, § 220 (a) (8), title III, § 306, Jan. 2, 1971, 84 Stat. 1903, 1907.

Sections, Pub. L. 89-117, Title IV, §§ 401-403, 404(a), Aug. 10, 1965, 79 Stat. 485, related to compensation of condemnees in development programs, providing as follows:

Section 3071, amended Pub. L. 90-19, § 22(f), May 25, 1967, 81 Stat. 27, definitions;

Section 3072, amended Pub. L. 90-19, § 22 (a), May 25, 1967, 81 Stat. 26, acquisition of realty by eminent domain;

Section 3073, financing of payments in eminent domain where amount is in dispute; and

Section 3074, amended Pub. L. 90–19, § 22 (a), May 25, 1967, 81 Stat. 26, relocation payments under federally assisted development programs. Subject matter is now covered by chapter 61 (section 4601 et seq.) of this title. EFFECTIVE DATE OF REPEAL

Repeal of provisions not applicable to any State so long as sections 4630 and 4655 of this title are not applicable in such State; but such sections completely applicable to all States after July 1, 1972, but until such date applicable to a State to extent the State is able under its laws to comply with such sections, see section 221 of Pub. L. 91-646, set out as a note under section 4601 of this title.

SAVINGS PROVISION

Any rights or liabilities existing under provisions repealed by sections 220 (a) and 306 of Pub. L. 91-646 as not affected by such repeal, see sections 220 (b) and 306 in part of Pub. L. 91-646, set out as notes under sections 4621 and 4651 of this title.

Chapter 37.-COMMUNITY FACILITIES AND ADVANCE LAND ACQUISITION

§ 3102. Grants for basic water and sewer facilities.

(c) Project requirements; need for facilities; growth needs of area; coordination of areawide development.

No grant shall be made under this section in connection with any project unless the Secretary determines that the project is necessary to provide adequate water or sewer facilities for, and will contribute to the improvement of the health or living standards of, the people in the community to be served, and that the project is (1) designed so that an adequate capacity will be available to serve the reasonably foreseeable growth needs of the area; (2) consistent with a program meeting criteria, established by the Secretary, for a unified or officially coordinated areawide water or sewer facilities system as part of the comprehensively planned development of the area, except that prior to June 30, 1974, grants may, in the discretion of the Secretary, be made under this section when such a program for an areawide water and sewer facilities system is under active preparation, although not yet completed, if the facility or facilities for which assistance is sought can reasonably be expected to be required as a part of such program, and there is urgent need for the facility or facilities; and (3) necessary to orderly community development.

(As amended Pub. L. 92-213, § 6, Dec. 22, 1971, 85 Stat. 776; Pub. L. 92-335, § 7, July 1, 1972, 86 Stat. 405; Pub. L. 93-117, § 9, Oct. 2, 1973, 87 Stat. 423.)