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H.R. 8283 (89th): An Act to expand the war on poverty and enhance the effectiveness of programs under the Economic Opportunity Act of 1964

The text of the bill below is as of Oct 9, 1965 (Passed Congress).


79 STAT. ]            PUBLIC LAW 89-253-OCT. 9, 1965                                                           973
Public Law 89-253
                                  AN A C T                                                     October 9, 1965
To expand the w a r on poverty and enhance t h e effectiveness of p r o g r a m s u n d e r     [H. R. 8283]
                     the Economic Opportunity Act of 1964.

  Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may Economic oppor-
be cited as the "Economic Opportunity Amendments of 1965".        t^unuy Amendments

               AMENDMENTS TO TITLE I — Y O U T H PROGRAMS

                   JOB C O R P S — D I S P L A C E M E N T OF WORKERS

  SEC. 2. Section 103 of the Economic Opportunity Act of 1964 is                               ^s stat. ^sos.
amended by inserting after "SEC. 103." the following new sentence:
"The Director of the Office shall prescribe regulations to prevent pro-
grams under this part from displacing presently employed workers or
the impairment of existing contracts for services."

    JOB CORPS—PAYMENT TO CERTAIN INDIVIDUALS OR ORGANIZATIONS
                          PROHIBITED

   SEC. 3. Subsection (e) of section 103 of the Economic Opportunity
Act of 1964 is amended by striking out the period and adding after the
word "terminated" the following: " : Provided, however, That the
Director shall make no payments to any individual or to any organiza-
tion solely as compensation for the service of referring the names of
candidates for enrollment in the Corps."
                          JOB CORPS—CUBAN REFUGEES

   SEC. 4. Section 104(a) of the Economic Opportunity Act of 1964                              ^2 use 2714.
is amended by adding at the end thereof' the following: "For purposes
of this subsection, any native and citizen of Cuba who arrived in the
United States from Cuba as a nonimmigrant or as a parolee subsequent
to January 1, 1959, under the provisions of section 214(a) or 212(d)
 (5), respectively, of the Immigration and Nationality Act shall be                            66 stat. i89.
considered a permanent resident of the United States."                                         a'use 1134,
                                                                                              1182.
                        JOB CORPS—ENROLLEE AFFIDAVITS

   SEC. 5. Section 104(d) of the Economic Opportunity Act of 1964
is amended to read as follows: " ( d ) Each enrollee (other than an
enrollee who is a native and citizen of Cuba described in section 104
 (a) of this Act) must take and subscribe to an oath or affirmation
in the following form: ' I do solemnly swear (or affirm) that I bear
true faith and allegiance to the United States of America and will
support and defend the Constitution and laws of the United States
against all its enemies foreign and domestic'. The provisions of sec-
tion 1001 of title 18, United States Code, shall be applicable to the                          ^2 stat. 749.
oath or affirmation required under this subsection."

JOB CORPS—APPLICATION OF FEDERAL EMPLOYEES' COMPENSATION ACT

   SEC. 6. Section 106(c) (2) (A) of the Economic Opportunity Act of
1964 is amended retroactive to January 1, 1965, to read as follows:         ^^ ^^0.21x6
  " ( A ) The term 'performance of duty' in the Federal Employees'
Compensation Act shall not include any act of an enrollee while absent 63^stat.^*8 54^^'
from his or her assigned post of duty, except while participating in an     5 use 751
activity (including an activity while on pass or during travel to or from "°*'''

974 PUBLIC LAW 89-253-OCT. 9, 1965 [79 STAT. such post of duty) authorized by or und6r the direction and super- vision of the Corps." J O B C O R P S — E N R O L L E E WORK ACTIVITIES 42 use 2^720 ^^^^ ^' ^^^^iou 110 of the Economic Opportunity Act of 1964 is amended by inserting the word "male" before the word "enroUees" in the first sentence. WORK T R A I N I N G PROGRAMS CUBAN REFUGEES 42 use 2734. gj,^. g Sectiou 114(a) of the Economic Opportunity Act is amended by adding at the end thereof the following new sentence: "For pur- poses of this subsection, any native and citizen of Cuba who arrived in the United States from Cuba as a nonimmigrant or as a parolee sub- sequent to January 1, 1959, under the provisions of section 214(a) or 66 Stat. 189, 212(d) (5), respectively, of the Immigration and Nationality Act shall 8'use 1184. be considered a permanent resident of the United States." 1182. WORK TRAINING P R O G R A M S — L I M I T A T I O N S ON FEDERAL ASSISTANCE SEC. 9. The first sentence of section 115 of the Economic Opportunity 42 use 2735. .^^.^ ^f ^QQ^ jg amended by striking out "two" and inserting in lieu thereof "three", and by striking out ", or June 30, 1966, whichever is later,". WORK-STUDY P R O G R A M S — L I M I T A T I O N S ON FEDERAL ASSISTANCE 42 use 2754. §^0. 10. Sectlou 124(f) of the Economic Opportunity Act of 1964 is amended by striking out "two" and inserting in lieu thereof "three", and by striking out "or June 30, 1966, whichever is later,". AMENDMENTS TO TITLE I I — U R B A N AND RURAL COMMUNITY ACTION PROGRAMS COMMUNITY ACTION PROGRAMS-—PUBLIC INFORMATION 42 u s e 2782. SEC. 11. Section 202(a) of the Economic Opportunity Act of 1964 is amended by striking out "and" at the end of paragraph (3), by striking out the period at the end of paragraph (4) and inserting in lieu thereof " ; and", and by adding at the end thereof the following new paragraph: "(5) which includes provision for reasonable access of the public to information including, but not limited to, reasonable opportunity for public hearings at the request of appropriate local community groups, and reasonable public access to books and records of the agency or agencies engaged in the development, conduct, and administration of the program, in accordance with procedures approved by the Director." TYPES O F P R O G R A M S SEC. 12. The last sentence of section 205(a) of the Economic Op- 42 use 2785. portuuity Act of 1964 is amended by inserting after "including" the following: ", but not limited to,". SPECIAL PROGRAMS FOR THE CHRONICALLY UNEMPLOYED POOR SEC. 13. Section 205 of the Economic Opportunity Act of 1964 is amended by redesignating subsection (d) as subsection (e) and adding after subsection (c) a new subsection (d) as follows:
79 STAT. ] PUBLIC LAW 89-253-OCT. 9, 1965 975 " ( d ) The Director is authorized to make grants under this section for special programs (1) which involve activities directed to the needs of those chronically unemployed poor who have poor employment prospects and are unable, because of age or otherwise, to secure appro- priate employment or training assistance under other programs, (2) which, in addition to other services provided, will enable such persons to participate in projects for the betterment or beautification of the community or area served by the program, including without limita- tion activities which will contribute to the management, conservation, or development of natural resources, recreational areas. Federal, State, and local government parks, highways, and other lands, and (3) which are conducted in accordance with standards adequate to assure that the program is in the public interest and otherwise consistent with policies applicable under this Act for the protection of employed workers and the maintenance of basic rates of pay and other suitable conditions of employment." GENERAL COMMUNITY ACTION PROGRAMS—LIMITATIONS ON FEDERAL ASSISTANCE S E C 14. (a) The first sentence of section 208(a) of the Economic Opportunity Act of 1964 is amended by striking out "two" and insert- 78 Stat. 519. 42 u s e :>788. ing in lieu thereof "three", and by striking out ", or June 30, 1966j whichever is later,". (b) Section 208 of such Act is amended by redesignating subsection (b) as subsection (c) and inserting a new subsection (b) as follows: " ( b ) The Director is authorized to prescribe regulations estab- lishing objective criteria pursuant to which assistance may be reduced below 90 per centum for such community action programs or com- ponents as have received assistance under section 205 for a period prescribed in such regulations." (c) Section 208(c) of such Act (as so redesignated by subsection (b) of this section) is amended by adding at the end thereof a new sentence as follows: "The requirement imposed by the preceding sen- tence shall be subject to such regulations as the Director may adopt and promulgate establishing objective criteria for determinations cov- ering situations where a literal application of such requirement would result in unnecessary hardship or otherwise be inconsistent with the purposes sought to be achieved." P A R T I C I P A T I O N O F STATE AGENCIES SEC. 15. Section 209(a) of the Economic Opportunity Act of 1964 ^2 use 2739. is amended by inserting before the period the following: "including, but not limited to, consultation with appropriate State agencies on the development, conduct, and administration of such programs". DISAPPROVAL OF P L A N S SEC. 16. Section 209(c) of the Economic Opportunity Act of 1964 is amended by (1) inserting "of part B " before "of title I " and (2) striking out "and such plan has not been disapproved by him within thirty days of such submission" and inserting in lieu thereof "and such plan has not been disapproved by the Governor within thirty days of such submission, or, if so disapproved, has been reconsidered by the Director and found by him to be fully consistent with the pro- visions and in furtherance of the purposes of this part".
976 PUBLIC LAW 89-253-OCT. 9, 1965 [79 STAT. NOTICES 42 us^c 2^89 ^^^- ^'^- Section 209 of the Economic Opportunity Act of 1964 is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: " ( d ) When the Director receives an application from a private non- profit agency for a community action program to be carried on in a community in which there is a community action agency carrying on a number of component programs, he shall, within five-days, give notice to such community action agency and the Governor of the State in which the community is located of the receipt of such application. When the Director determines that a separate contract or grant is desirable and practical and that good cause has been shown, he is authorized to make a grant directly to, or to contract directly with, such agency." ADULT BASIC EDUCATION P R O G R A M S — P A Y M E N T S ; FEDERAL SHARE 42 use 2805. SEC. 18. Section 216(b) of the Economic Opportunity Act of 1964 is amended by striking out "and the fiscal year ending J u n e 30, 1966," and inserting in lieu thereof "and each of the two succeeding fiscal years,". ADULT BASIC EDUCATION P R O G R A M S — T E A C H E R T R A I N I N G SEC. 19. P a r t B of title I I of the Economic Opportunity Act of 1964 is amended— (1) by striking out "From the sums appropriated to carry 42 use 2802. out this title" in section 213(a) and inserting in lieu thereof "From so much of the sums appropriated or allocated to carry out this part as is not reserved pursuant to section 218"; and 42 use 2807. ^2) by redesignating section 218 as section 219 and inserting immediately after section 217 the following new section 218: "TEACHER TRAINING PROJECTS "SEC. 218. Not to exceed 5 per centum of the sums appropriated or allocated to carry out this part for any fiscal year may be reserved and used by the Director to provide (directly or by contract), or to make grants to colleges and universities. State or local educational agencies, or other appropriate public or private nonprofit agencies or organizations to provide, training to persons engaged or preparing 42 use 2801. to engage as instructors for individuals described in section 212, with such stipends and allowances, if any (including traveling and sub- sistence expenses), for persons undergoing such training and their dependents as the Director may by or pursuant to regulation determine." VOLUNTARY ASSISTANCE PROGRAM FOR NEEDY CHILDREN SEC. 20. Title I I of the Economic Opportunity Act of 1964 is amended by striking out the second sentence of section 220(a) of 42 use 2822. p^rt C thereof. AMENDMENTS TO TITLE I I I — S P E C I A L PROGRAMS T O COMBAT POVERTY IN RURAL AREAS 42 use 2841- SEC. 21. Title I I I of the Economic Opportunity Act of 1964 is 2881 amended by striking out "Grants and" in the heading, and by striking out the dash after the word "make" in the first subsequent sentence and the subsequent number " (1)".
79 STAT. ] PUBLIC LAW 89-253-OCT. 9, 1965 977 COOPERATIVE A S S O C I A T I O N — P R O H I B I T I O N OF LOANS TO ASSIST MANUFACTURING SEC. 22. Section 305(f) of the Economic Opportunity Act of 1964 l\ ^*|^- ^^-^ is amended by inserting immediately before the period at the end thereof the following proviso: " : Provided^ That packing, canning, cooking, freezing, or other processing used in preparing or marketing edible farm products, including dairy products, shall not be regarded as manufacturing merely by reason of the fact that it results in the creation of a new or different substance". ASSISTANCE FOR MIGRANT AND SEASONALLY EMPLOYED AGRICULTURAL EMPLOYEES SEC. 23. Section 311 of the Economic Opportunity Act of 1964 is ^2 use 286i. amended to read as follows: " M I G R A N T S A N D SEASONALLY EMPLOYED AGRICULITJRAL E M P L O Y E E S "SEC. 311. The Director is authorized to develop and implement a program of loans, loan guarantees, and grants to assist State and local agencies, private nonprofit institutions, and cooperatives in establish- ing, administering, and operating programs which will meet, or sub- stantially and primarily contribute to meeting, the special needs of migratory workers and seasonal farm laborers and their families in the fields of housing, sanitation, education, and day care of children." INDEMNITY PAYMENTS TO DAIRY FARMERS SEC. 24. Section 331(c) of the Economic Opportunity Act is 42 use 2881. amended by striking the words "January 31,1965" and inserting in lieu thereof the words "June 30,1966". AMENDMENT TO TITLE V — W O R K EXPERIENCE PROGRAM SEC. 25. Section 502 of the Economic Opportunity Act of 1964 is 42 use 2922. amended (1) by inserting after the first sentence thereof the following new sentence: "Workers in farm families with less than $1,200 net family income shall be considered unemployed for the purposes of this title.", and (2) by striking out of the last sentence the following: "for the fiscal year ending June 30,1965,". AMENDMENTS TO TITLE VI—ADMINISTRATION AND COORDINATION VISTA VOLUNTEERS—ASSIGNMENT ; APPLICATION OF OTHER PROVISIONS AND FEDERAL LAWS SEC. 26. (a) Subsection (a) of section 603 of the Economic Oppor- tunity Act of 1964 is amended by striking out everything in paragraph ^2 use 2943. (2) following the clause designation " ( C ) " and inserting in lieu thereof "in connection with programs or activities authorized, sup- ported, or of a character eligible for assistance under this Act." (b) Subsection (d) of such section is amended to read as follows: " ( d ) (1) Each volunteer shall take and subscribe to an oath or affir- mation in the form prescribed by section 104(d) of this Act, and the ^"^'^' P- ''^3. provisions of section 1001 of title 18, United States Code, shall be ^^ ^*^*- "^^-
978 PUBLIC LAW 89-253-OCT. 9, 1965 [79 STAT. applicable with respect to such oath or affirmation; but, except as rovided in paragraph (2) of this subsection, volunteers shall not Ee deemed to be Federal employees and shall not be subject to the provisions of laws relating to Federal employment, including those relating to hours of work, rates of compensation, and Federal employee benefits. "(2) All volunteers during training and such volunteers as are assigned pursuant to paragraph (2) of subsection (a) shall be deemed Federal employees to the same extent as enrollees of the J o b Corps 42 use 2Vi°6, binder section 106 ( b ) , (c), and (d) of this Act, except that for pur- poses of the computation described in paragraph (2) (B) of section 106(c) the monthly pay of a volunteer shall be deemed to be that received under the entrance salary for GS-7 under the Classification Post, p. n i l . Act of 1949." N A T I O N A L ADVISORY C O U N C I L 42 u s e 2945. SEC. 27. Section 605 of the Economic Opportunity Act of 1964 is amended by striking "fourteen" in the second sentence and inserting in lieu thereof "twenty". PROGRAMS FOR THE ELDERLY POOR SEC. 28. Part A of title V I of the Economic Opportunity Act of 42 use 2941- 1964 is amended by adding at the end thereof the following new 2040 ,• *^ ** ® ^^^- section: 'PROGRAMS FOR T H E ELDERLY POOR "SEC. 610. I t is the intention of Congress that whenever feasible the special problems of the elderly poor shall be considered in the develop- ment, conduct, and administration of programs under this Act." AFFIDAVITS SEC. 29. Title V I of the Economic Opportunity Act of 1964 is 42 use 2966. amended by striking out section 616 thereof and substituting a new section 616, as follows: "TRANSFER OF FUNDS "SEC. 616. Notwithstanding any limitation on appropriations under any title of this Act, not to exceed 10 per centum of the amount appro- priated or allocated from any appropriation for the purpose of ena- bling the Director to carry out programs or activities under any such title may be transferred and used by the Director for the purpose of carrying out programs or activities under any other such title; but no such transfer shall result in increasing the amounts otherwise avail- able under any title by more than 10 per centum." AUTHORIZATION or APPROPRIATIONS SEC. 30. (a) (1) The first sentence of section 131 of the Economic 42 use 2761. Opportunity Act of 1964 is amended by striking out "two" and insert- ing in lieu thereof "three". (2) The second sentence of such section is amended to read as follows: " F o r the purpose of carrying out this title, there is hereby authorized to be appropriated the sum of $412,500,000 for the fiscal year ending June 30, 1965, and the sum of $700,000,000 for the fiscal year ending June 30, 1966; and for the fiscal year ending June 30,
79 STAT. ] PUBLIC LAW 89-253-OCT. 9, 1965 979 1967, and the succeeding fiscal year, such sums may be appropriated as the Congress may hereafter authorize by law." (b) (1) The first sentence of section 221 of such Act is amended by ^^ ^^^ ^^^-^ striking out "two" and inserting in lieu thereof "three". (2) The second sentence of sucli section is amended to read as fol- lows: "For the purpose of carrying out this title, there is hereby authorized to be appropriated the sum of $340,000,000 for the fiscal year ending June 30, 1965, and the sum of $850,000,000 for the fiscal year ending June 30,1966; and for the fiscal year ending June 30,1967, and the succeeding fiscal year, such sums may be appropriated as the Congress may hereafter authorize by law." (c) (1) The first sentence of section 321 is amended by striking out '^^ ^^^ ^^^^" "two" and inserting in lieu thereof "three". (2) The second sentence of such section is amended to read as fol- lows: "For the purpose of carrying out this title, there is hereby authorized to be appropriated the sum of $35,000,000 for the fiscal year ending June 30, 1965, and the sum of $55,000,000 for the fiscal year ending June 30, 1966; and for the fiscal year ending June 30, 1967, and the succeeding fiscal year, such sums may be appropriated as the Congress may hereafter authorize by law." (d) (1) The first sentence of section 503 of such Act is amended by "^^ ^^^ ''^^^• striking out "two" and inserting in lieu thereof "three". (2) The second sentence of such section is amended to read as fol- lows: "For the purpose of carrying out this title, there is hereby authorized to be appropriated the sum of $150,000,000 for the fiscal year ending J u n e 30, 1965, and the sum of $150,000,000 for the fiscal year ending June 30, 1966; and for the fiscal year ending June 30, 1967, and the succeeding fiscal year, such sums may be appropriated as the Congress may hereafter authorize by law." (e) (1) The first sentence of section 615 of such Act is amended by '*2 use 2965. striking out "two" and inserting in lieu thereof "three". (2) The second sentence of such section is amended to read as fol- lows : "For the purpose of carrying out this title (other than for pur- poses of making credits to the revolving fund established by section 606(a)), there is hereby authorized to be appropriated the sum of $10,000,000 for the fiscal year ending June 30, 1965, and the sum of $30,000,000 for the fiscal year ending June 30, 1966; and for the fiscal year ending June 30, 1967, and the succeeding fiscal year, such sums may be appropriated as the Congress may hereafter authorize by law." (f) Title V I of the Economic Opportunity Act of 1964 is further ^gM^^^ ^^'^^' amended by inserting at the end thereof a new section as follows: a DISTRIBUTION OF B E N E F I T S B E T W E E N RURAL A N D URBAN AREAS "SEC. 617. The Director shall adopt appropriate administrative measures to assure that benefits of this Act will be distributed equi- tably between residents of rural and urban areas." AMENDMENT TO NATIONAL, DEFENSE EDUCATION ACT—MORATORIUM ON STUDENT LOANS TO V I S T A VOLUNTEERS SEC. 31. (a) Paragraph (2) (A) of section 205(b) of the National Defense Education Act of 1958 (20 U.S.C. 425 (b) (2) ( A ) ) is amended 75 stat. 623. by striking out "or" JDefore " ( i i i ) " and by inserting before the proviso and after "Peace Corps Act" the following: ", or (iv) not in excess of ^5 stat. 612. three years during which the borrower is in service as a volunteer under note, '° section 603 of the Economic Opportunity Act of 1964". I^ f*<fA' "Po (b) The amendments made by this section shall not apply to any loan 42 u s e 2943. "^'""" "^^ outstanding on the effective date of this Act without the consent of the then obligee institution. Approved October 9, 1965, 8:30 p.m.