Volume 83 · 827
Public Law 91–177
To provide for the continuation of programs authorized under the Economic Opportunity Act of 1964, and for other purposes.
Approved December 30, 1969
Statutory text
AN ACT
To provide for the continuation of programs authorized under the Economic Opportunity Act of 1964, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may be
Economic Opportunity Amendments of 1969.
cited as the “Economic Opportunity Amendments of 1969”.
TITLE I— EXTENSION OF THE ECONOMIC OPPORTUNITY ACT OF 1964 AND RELATED PROVISIONS
Sec. 101. extension of economic opportunity act
Section 161 of the Economic Opportunity Act of 1964
80 Stat. 1456; 81 Stat. 726; Post, p. 833.
(redesignated section 171 by section 201 of this Act) is amended (1) by striking out “for which he is responsible”, and (2) by striking out “three” and inserting in lieu thereof “five”.
Sections 245, 321, 408, 615, and 835 of such Act are each amended
42 USC 2837, 2871, 2907, 2965, 2994d.
by striking out “three” and inserting in lieu thereof “five”.
Section 523 of such Act is amended by striking out “two” and inserting in lieu thereof “four”.
Sec. 102. authorization of appropriations
For the purpose of carrying out the Economic Opportunity Act of 1964, there are hereby authorized to be appropriated $2, 195,500,000 for the fiscal year ending June 30, 1970, and $2,295,500,000 for the fiscal year ending June 30, 1971.
Notwithstanding any other provision of law, unless expressly in limitation of the provisions of this section, of the amounts appropriated pursuant to subsection (a) of this section for the fiscal year ending June 30, 1970, and for the next fiscal year, the Director shall for each such fiscal year reserve and make available not less than $328,900,000 for the purpose of local initiative programs authorized under section 221 of the Economic Opportunity Act of 1964 and the
remainder of such amounts shall be allocated, subject to the provisions of section 616 of such Act, in such a manner that of such remaining
Post, p. 831.
amounts so appropriated for each fiscal year—
$890,300,000 shall be for the purpose of carrying out parts A and B of title I (relating to work and training programs);
81 Stat. 672, 683.
Post, p. 833.
$46,000,000 shall be for the purpose of carrying out part D of title I (relating to special impact programs);
$20,000,000 shall be for the purpose of carrying out part E of title I (relating to special work and career development programs);
$811,300,000 shall be for the purpose of carrying out title II, of which $398,000,000 shall be for the Project Headstart program described in section 222(a)(1), $90,000,000 shall be for the
Post, p. 828.
Follow Through program described in section 222(a)(2),
$58,000,000 shall be for the Legal Services program described in section 222(a)(3), $80,000,000 shall be for the Comprehensive
Post, p. 829.
Health Services program described in section 222(a)(4), $62,500,000 shall be for the Emergency Food and Medical Services program described in section 222(a)(5), $15,000,000 shall be for
Post, p. 829.
the Family Planning program described in section 222(a)(6), and $8,800,000 shall be for the Senior Opportunities and Services program described in section 222(a)(7);
$12,000,000 shall be for the purpose of carrying out part
A of title III (relating to rural loans);
$34,000,000 shall be for the purpose of carrying out part B of title III (relating to assistance for migrant and seasonal farmworkers);
$16,000,000 shall be for the purpose of carrying out title
VI (relating to administration and coordination); and
$37,000,000 shall be for the purpose of carrying out title VIII (relating to VISTA).
If the amounts appropriated pursuant to subsection (a) of this section for any fiscal year are not sufficient to allocate the full amounts specified for each of the purposes set forth in clauses (1) through (8) of this subsection, then the amounts specified in each such clause shall be prorated to determine the allocations required for each such purpose.
In addition to the amounts authorized to be appropriated pursuant to subsection (a) of this section, there are further authorized to be appropriated the following:
$14,000,000 for the fiscal year ending June 30, 1971, to be used for the Special Impact programs described in part D of
title I;
$34,700,000 for the fiscal year ending June 30, 1971, to be used for the Special Work and Career Development programs
Post, p. 833.
described in part E of title I;
$180,000,000 for the fiscal year ending June 30, 1971, to be used for the Project Headstart program described in section 222
Infra.
(a)(1);
$32,000,000 for the fiscal year ending June 30, 1971, to be used for the Legal Services program described in section 222
Post, p. 829.
(a)(3);
$80,000,000 for the fiscal year ending June 30, 1971, to be used for the Comprehensive Health Services program described
in section 222(a)(4);
$112,500,000 for the fiscal year ending June 30, 1971, to be used for the Emergency Food and Medical Services program described
Post, p. 829.
in section 222(a)(5);
$15,000,000 for the fiscal year ending June 30, 1971, to be used for the Family Planning program described in section 222(a)(6);
$3,200,000 for the fiscal year ending June 30, 1971, to be used for the Senior Opportunities and Services program described in section 222(a)(7);
$15,000,000 for the fiscal year ending June 30, 1971, to be used for the program of assistance for migrant and seasonal farm-workers
described in part B of title III; and
$50,000,000 for the fiscal year ending June 30, 1971, to be
used for Day Care projects described in part B of title V.
Sec. 103. participation of children in headstart projects
Paragraph (1) of section 222(a) of the Economic Opportunity
Act of 1964 is amended by adding at the end thereof the following new sentences: “Pursuant to such regulations as the Director may prescribe, persons who are not members of low-income families may be permitted to receive services in projects assisted under this paragraph. A family which is not low income shall be required to make payment, or have payment made in its behalf, in whole or in part for such services where the family’s income is, or becomes through employment or otherwise, such as to make such payment appropriate.”
Sec. 104. amendments with respect to legal services program
Section 222(a)(3) of the Economic Opportunity Act of 1964 is amended by striking out “counseling, education, and other
appropriate services” and inserting in lieu thereof “legal counseling, education in legal matters, and other appropriate legal services”.
Section 222(a)(3) of such Act is amended by adding at the end thereof the following: “Members of the Armed Forces, and members of their immediate families, shall be eligible to obtain legal services under such programs in cases of extreme hardship (determined in accordance with regulations of the Director issued after consultation with the Secretary of Defense): Provided, That nothing in this sentence shall be so construed as to require the Director to expand or enlarge existing programs or to initiate new programs in order to carry out the provisions of this sentence unless and until the Secretary of Defense assumes the cost of such services and has reached agreement with the Director on reimbursement for all such additional costs as may be incurred in carrying out the provisions of this sentence.”
Sec. 105. emergency food and medical services
Section 222(a)(5) of the Economic Opportunity Act of 1964 is amended to read as follows:
“(5) A program to be known as ‘Emergency Food and Medical Services’ designed to provide on an emergency basis, directly or by delegation of authority pursuant to the provisions of title VI of this Act, financial assistance for the provision of such medical
supplies and services, nutritional foodstuffs, and related services, as may be necessary to counteract conditions of starvation or malnutrition among the poor. Such assistance may be provided by way of supplement to such other assistance as may be extended under the provisions of other Federal programs, and may be used to extend and broaden such programs to serve economically disadvantaged individuals and families where such services are not now provided and without regard to the requirements of such laws for local or State administration or financial participation. In extending such assistance, the Director may make grants to community action agencies or local public or private nonprofit organizations or agencies to carry out the purposes of this paragraph. The Director is authorized to carry out the functions under this paragraph through the Secretary of Agriculture and the Secretary of Health, Education, and Welfare in a manner that will insure the availability of such medical supplies and services, nutritional foodstuffs, and related services through a community action agency where feasible, or other agencies or organizations if no such agency exists or is able to administer programs to provide such foodstuffs, medical services, and supplies to needy individuals and families.”
Sec. 106. new special emphasis programs authorized
Section 222(a) of the Economic Opportunity Act of 1964
is amended by adding at the end thereof the following new paragraphs:
“(8) An ‘Alcoholic Counseling and Recovery’ program
“Alcoholic Counseling and Recovery” program.
designed to discover and treat the disease of alcoholism. Such program should be community based, serve the objective of the maintenance of the family structure as well as the recovery of the individual alcoholic, encourage the use of neighborhood facilities and the services of recovered alcoholics as counselors, and emphasize the reentry of the alcoholic into society rather than the institutionalization of the alcoholic. Of the sums appropriated or allocated for programs authorized under this title, the Director shall reserve and make available not less than $10,000,000 for the fiscal year ending June 30, 1970, and not less than $15,000,000 for the fiscal year ending June 30, 1971, for the purpose of carrying out this program.
“(9) A ‘Drug Rehabilitation’ program designed to discover causes of drug abuse and addiction, to treat narcotic and drug addiction and the dependence associated with drug abuse, and to rehabilitate the drug abuser and drug addict. Such program should deal with the abuse or addiction resulting from the use of narcotic drugs such as heroin, opium, and cocaine, stimulants such as amphetamines, depressants, marihuana, hallucinogens, and tranquilizers. Such program should be community based, serve the objective of the maintenance of the family structure as well as the recovery of the individual drug abuser or addict, encourage the use of neighborhood facilities and the services of recovered drug abusers and addicts as counselors, and emphasize the reentry of the drug abuser and addict into society rather than his institutionalization. Of the sums appropriated or allocated for programs authorized under this title, the Director shall reserve and make available not less than $5,000,000 for the fiscal year ending June 30, 1970, and not less than $15,000,000 for the fiscal year ending June 30, 1971, for the purpose of carrying out this program.”
Sec. 107. technical amendment regarding time of appropriations obligation
Section 242 of the Economic Opportunity Act of
1964 is amended by inserting after the first sentence thereof the following new sentence: “Funds to cover the costs of the proposed contract, agreement, grant, loan, or other assistance shall be obligated from the appropriation which is current at the time the plan is submitted to the Governor.”.
All obligations under the Economic Opportunity Act of 1964 which have been heretofore recorded substantially as provided in the amendment made by subsection (a) of this section are hereby confirmed and ratified.
Sec. 108. amendment of rural loan program
Section 302(a) of the Economic Opportunity Act of
1964 is amended by striking out “such families, and” and inserting “such families, or”.
Sec. 109. applicability to trust territory
Section 609(1) of the Economic Opportunity Act of
1964 is amended by striking out “and title II” and inserting “, title II, title III–A, and title IV”.
Sec. 110. amendment to provide increased flexibility in use of funds
Section 616 of the Economic Opportunity Act of 1964 is
amended by—
inserting after the phrase “10 per centum” the first time it appears in such section, the following: “for fiscal years ending prior to July 1, 1970, and not to exceed 15 per centum for fiscal years ending thereafter;” and
striking out “but no such transfer shall result in increasing the amounts otherwise available for any program or activity by more than 10 per centum” and inserting in lieu thereof the following: “but no such transfer shall result in increasing the amounts otherwise available for any program or activity by—
“(1) more than 100 per centum in the case of any program or activity for which the amounts otherwise available are $10,000,000 or less; or
“(2) more than 35 per centum in the case of any program or activity for which the amounts otherwise available exceed $10,000,000”.
Sec. 111. adequate leadtime
Part A of title VI of the Economic Opportunity Act of 1964 is amended by adding at the end thereof the following new section:
“Sec. 622. “advance funding
For the purpose of affording adequate notice of funding available under this Act, appropriations for grants, contracts, or other payments under this Act are authorized to be included in the appropriation Act for the fiscal year preceding the fiscal year for which they are available for obligation.”
In order to effect a transition to the advance funding method of timing appropriation action, the amendment made by subsection (a) shall apply notwithstanding that its initial application will result in the enactment in the same year (whether in the same appropriation Act or otherwise) of two separate appropriations, one for the then current fiscal year and one for the succeeding fiscal year.
Sec. 112. crediting service of a vista volunteer
Section 8382 of title 5, United States Code, is amended
as follows:
in subsection (b)—
strike out “and” at the end of clause (5);
strike out the period at the end of clause (6) and insert in lieu thereof a semicolon and the word “and”; and
add at the end thereof the following new clause:
“(7) a period of service of a volunteer under part A of title VIII of the Economic Opportunity Act of 1964 only if he later becomes
subject to this subchapter.”
in subsection (j)—
after “1956,” in the first sentence, insert “the period of an individual’s services as a volunteer under part A of title VIII of the Economic Opportunity Act of 1964,”;
before “volunteer or volunteer leader” in the second sentence, insert “volunteer under part A of title VIII of the Economic Opportunity Act of 1964 or as a”; and
before the period at the end of the last sentence, insert a comma and the following: “and the period of an individual’s service as a volunteer under part A of title VIII of the Economic
Opportunity Act of 1964 is the period between enrollment as a volunteer and termination of that service by the Director of the Office of Economic Opportunity or by death or resignation”.
Section 833 of the Economic Opportunity Act of 1964 is amended by—
striking out in subsection (a) “subsection (b)” and inserting in lieu thereof “section 8332 of title 5 of the United States
Code, and subsections (b) and (c) of this section”; and
adding at the end thereof the following new subsection:
“(c) Any period of service of a volunteer under part A of this title shall be credited in connection with subsequent employment in the same manner as a like period of civilian employment by the United States Government—
“(1) for the purposes of section 852(a)(1) of the Foreign Service
Act of 1946, as amended (22 U.S.C. 1092(a)(1)), and every other Act establishing a retirement system for civilian employees of any United States Government agency; and
“(2) except as otherwise determined by the President, for the purposes of determining seniority, reduction in force, and layoff rights, leave entitlement, and other rights and privileges based upon length of service under the laws administered by the Civil
Service Commission, the Foreign Service Act of 1946, and every other Act establishing or governing terms and conditions of service of civilian employees of the United States Government: Provided, That service of a volunteer shall not be credited toward completion of any probationary or trial period or completion of any service requirement for career appointment.”
The amendments made by subsections (a) and (b) of this section shall be effective as to all former volunteers employed by the United States Government on or after the effective date of this Act.
Sec. 113. use of closed job corps centers for special youth programs
Notwithstanding any other provision of law, the Director of the Office of Economic Opportunity shall establish procedures and make arrangements which are designed to assure that facilities and equipment at Job Corps center which are being discontinued will, where feasible, be made available for use by State or Federal agencies and other public or private agencies, institutions, and organizations with satisfactory arrangements for utilizing such facilities and equipment for conducting programs, especially those providing opportunities for low-income disadvantaged youth, including, without limitation—
special remedial programs;
summer youth programs;
exemplary vocational preparation and training programs;
cultural enrichment programs, including music, the arts, and the humanities;
training programs designed to improve the qualifications of educational personnel, including instructors in vocational educational programs; and
youth conservation work and other conservation programs.
To achieve the objectives of this section, the Director of the Office of Economic Opportunity shall consult with, elicit the cooperation of, and utilize the services of the Administrator of the General Services Administration, and the Secretaries of Agriculture, of the Interior, and of Labor.
Sec. 114. provision with respect to director’s authority to delegate functions
The authority of section 602(d) of the Economic Opportunity Act of 1964 shall not apply to the Legal Services program
Ante, p. 829.
authorized under section 222(a)(3) of such Act. The Director of the Office of Economic Opportunity shall not delegate the program authorized under such section 222(a)(3) to any other existing Federal agency.
Sec. 115. amendment with respect to withholding certain federal taxes by antipoverty agencies
Upon notice from the Secretary of the Treasury or his delegate that any person otherwise entitled to receive a payment made pursuant to a grant, contract, agreement, loan or other assistance made or entered into under the Economic Opportunity Act of 1964 is
delinquent in paying or depositing (1) the taxes imposed on such person under chapters 21 and 23 of the Internal Revenue Code of 1954, or (2) the taxes deducted and withheld by such person under chapters 21 and 24 of such Code, the Director of the Office of Economic Opportunity
shall suspend such portion of such payment due to such person, which, if possible, is sufficient to satisfy such delinquency, and shall not make or enter into any new grant, contract, agreement, loan or other assistance under such Act with such person until the Secretary of the Treasury or his delegate has notified him that such person is no longer delinquent in paying or depositing such tax or the Director of the Office of Economic Opportunity determines that adequate provision has been made for such payment. In order to effectuate the purpose of this section on a reasonable basis the Secretary of the Treasury and the Director of the Office of Economic Opportunity shall consult on a quarterly basis.
TITLE II— SPECIAL WORK AND CAREER DEVELOPMENT PROGRAMS
Sec. 201.
Title I of the Economic Opportunity Act of 1964 is amended by redesignating part E as part F, by renumbering section
161 (as amended by this Act) as section 171, and by inserting after part D the following new part:
“Part E— Special Work and Career Development Programs
“Sec. 161. “statement of purpose
The Congress finds that the ‘Mainstream’ program
“Mainstream” program.
aimed primarily at the chronically unemployed and the ‘New Careers’ program providing jobs for the unemployed and low-income persons leading to broader career opportunities are uniquely effective; that, in addition to providing persons assisted with jobs, the key to their economic independence, these programs are of advantage to the community at large in that they are directed at community beautification and betterment and the improvement of health, education, welfare, public safety, and other public services; and that, while these programs are important and necessary components of comprehensive work and training programs, there is a need to encourage imaginative and innovative use of these programs, to enlarge the authority to operate them, and to increase the resources available for them.
“Sec. 162. “special programs
(a) The Director is authorized to provide financial assistance to public or private nonprofit agencies to stimulate and support efforts to provide the unemployed with jobs and the low-income worker with greater career opportunity. Programs authorized under this section shall include the following:
“(1) A special program to be known as ‘Mainstream’ which involves work activities directed to the needs of those chronically unemployed poor who have poor employment prospects and are unable, because of age, physical condition, obsolete or inadequate skills, declining economic conditions, other causes of a lack of employment opportunity, or otherwise, to secure appropriate employment or training assistance under other programs, and 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 limitation 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, the rehabilitation of housing, the improvement of public facilities, and the improvement and expansion of health, education, day care, and recreation services;
“(2) A special program to be known as ‘New Careers’ which will provide unemployed or low-income persons with jobs leading to career opportunities, including new types of careers, in programs designed to improve the physical, social, economic, or cultural condition of the community or area served in fields of public service, including without limitation health, education, welfare, recreation, day care, neighborhood redevelopment, and public safety, which provide maximum prospects for on-the-job training, promotion, and advancement and continued employment without Federal assistance, which give promise of contributing to the broader adoption of new methods of structuring jobs and new methods of providing job ladder opportunities, and which provide opportunities for further occupational training to facilitate career advancement.
“(b) The Director is authorized to provide financial and other assistance to insure the provision of supportive and follow-up services to supplement programs under this part including health services, counseling, day care for children, transportation assistance, and other special services necessary to assist individuals to achieve success in these programs and in employment.
“Sec. 163. “administrative regulations
The Director shall prescribe regulations to assure that programs under this part have adequate internal administrative controls, accounting requirements, personnel standards, evaluation procedures, availability of in-service training and technical assistance programs, and other policies as may be necessary to promote the effective use of funds.
“Sec. 164. “special conditions
(a) The Director shall not provide financial assistance for any program under this part unless he determines, in accordance with such regulations as he may prescribe, that—
“(1) no participant will be employed on projects involving political parties, or the construction, operation, or maintenance of so much of any facility as is used or to be used for sectarian instruction or as a place for religious worship;
“(2) the program will not result in the displacement of employed workers or impair existing contracts for services, or result in the substitution of Federal for other funds in connection with work that would otherwise be performed;
“(3) the rates of pay for time spent in work-training and education, and other conditions of employment, will be appropriate and reasonable in the light of such factors as the type of work, geographical region, and proficiency of the participant; and
“(4) the program will, to the maximum extent feasible, contribute to the occupational development and upward mobility of individual participants.
“(b) For programs which provide work and training related to physical improvements, preference shall be given to those improvements which will be substantially used by low-income persons and families or which will contribute substantially to amenities or facilities in urban or rural areas having high concentrations or proportions of low-income persons and families.
“(c) Programs approved under this part shall, to the maximum extent feasible, contribute to the elimination of artificial barriers to employment and occupational advancement.
“(d) Projects under this part shall provide for maximum feasible use of resources under other Federal programs for work and training and the resources of the private sector.
“Sec. 165. “program participants
(a) Participants in programs under this part must be
Low income criteria.
unemployed or low-income persons. The Director, in consultation with the Commissioner of Social Security, shall establish criteria for low income, taking into consideration family size, urban-rural and farm-nonfarm differences, and other relevant factors. Any individual shall be deemed to be from a low-income family if the family receives cash welfare payments.
“(b) Participants must be permanent residents of the United States or of the Trust Territory of the Pacific Islands.
“(c) Participants shall not be deemed Federal employees and shall
Federal employment laws, non-applicability.
be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employment benefits.
“Sec. 166. “equitable distribution of assistance
The Director shall establish criteria designed to achieve an equitable distribution of assistance among the States. In developing those criteria, he shall consider, among other relevant factors, the ratios of population, unemployment, and family income levels. Of the sums appropriated or allocated for any fiscal year for programs authorized under this part not more than 12½ per centum shall be used within any one State.
“Sec. 167. “limitations on federal assistance
Programs assisted under this part shall be subject to the
provisions of section 131 of this Act.”
Approved December 30, 1969.