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ECONOMIC OPPORTUNITY ACT OF 1964, AS AMENDED

AN ACT

To mobilize the human and financial resources of the Nation to combat poverty in the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Economic Opportunity Act of 1964."

FINDINGS AND DECLARATION OF PURPOSE

SEC. 2. Although the economic well-being and prosperity of the United States have progressed to a level surpassing any achieved in world history, and although these benefits are widely shared throughout the Nation, poverty continues to be the lot of a substantial number of our people. The United States can achieve its full economic and social potential as a nation only if every individual has the opportunity to contribute to the full extent of his capabilities and to participate in the workings of our society. It is therefore, the policy of the United States to eliminate the paradox of poverty in the midst of plenty in this Nation by opening to everyone the opportunity for education and training, the opportunity to work, and the opportunity to live in decency and dignity. It is the purpose of this Act to strengthen, supplement, and coordinate efforts in furtherance of that policy.

It is the sense of the Congress that it is highly desirable to employ the resources of the private sector of the economy of the United States in all such efforts to further the policy of this Act.2

TITLE I-WORK TRAINING AND WORK-STUDY

PROGRAMS 3

PART A JOB CORPS

STATEMENT OF PURPOSE

SEC. 101. The purpose of this part is to prepare for the responsibilities of citizenship and to increase the employability of young men and young women aged sixteen through twenty-one by providing them in rural and urban residential centers with education, vocational training, useful work experience, including work directed toward the conservation of natural resources, and other appropriate activities.

ESTABLISHMENT OF JOB CORPS

SEC. 102. In order to carry out the purposes of this part, there is hereby established within the Office of Economic Opportunity (here

Amendments included through December 1, 1966.

This second paragraph added by section 614(b) of the Economic Opportunity Amendments of 1966, Public Law 89-794, November 8, 1966, 80 Stat. 1472 (hereinafter cited as the Economic Opportunity Amendments of 1966).

Sec. 113 of the Economic Opportunity Amendments of 1966, 80 Stat. 1455, amended the heading of title I as set forth in the text. Prior to this amendment the heading of title I read "TITLE I—YOUTH PROGRAMS".

inafter referred to as the "Office"), established by title VI, a Job Corps (hereinafter referred to as the "Corps").

JOB CORPS PROGRAM

SEC. 103. The Director of the Office shall prescribe regulations to prevent programs under this part from displacing presently employed workers or the impairment of existing contracts for services.1 The Director of the Office (hereinafter referred to as the "Director") is authorized to

(a) enter into agreements with any Federal, State, or local agency or private organization for the establishment and operation, in rural and urban areas, of conservation camps and training centers and for the provision of such facilities and services as in his judgment are needed to carry out the purposes of this part, including but not limited to agreements with agencies charged with the responsibility of conserving, developing, and managing the public natural resources of the Nation and of developing, managing, and protecting public recreational areas, whereby the enrollees of the Corps may be utilized by such agencies in carrying out, under the immediate supervision of such agencies, programs planned and designed by such agencies to fulfill such responsibility, and including agreements for a botanical survey program involving surveys and maps of existing vegetation and investigations of the plants, soils, and environments of natural and disturbed plant communities: Provided, That such agreements shall provide that all studies, evaluations, proposals, and data produced or developed with Federal funds in the course of the operation of any conservation camp or training center shall become the property of the United States;

(b) arrange for the provision of education and vocational training of enrollees in the Corps: Provided, That, where practicable, such programs may be provided through local public educational agencies or by private vocational educational institutions or technical institutes where such institutions or institutes can provide substantially equivalent training at comparable costs: Provided, That such arrangements for education and training of enrollees in the Corps shall, to the extent feasible, provide opportunities for qualified enrollees to obtain education or training necessary to qualify them for the equivalent of a certificate of graduation from high school;

(c) provide or arrange for the provision of programs of useful work experience and other appropriate activities for enrollees;

(d) establish standards of safety and health for enrollees, and furnish or arrange for the furnishing of health services; and

(e) prescribe such rules and regulations and make such arrangements as he deems necessary to provide for the selection of enrollees and to govern their conduct after enrollment, including appropriate regulation as to the circumstances under which enrollment may be terminated: Provided, however, That the Director shall make no

This sentence added by sec. 2 of the Economic Opportunity Amendments of 1965, Public Law 89-253, October 9, 1965, 79 Stat. 973 (hereinafter cited as the Economic Opportunity Amendments of 1965). 2 This proviso added by sec. 101 (a) of the Economic Opportunity Amendments of 1966, 80 Stat. 1451. Sec. 101 (b) of the Economic Opportunity Amendments of 1966, 80 Stat. 1451, amended sec. 103(b) by striking out the words "with reduced federal expenditures" and substituting "at comparable costs" This proviso added by sec. 102 of the Economic Opportunity Amendments of 1966, 80 Stat. 14511452. This proviso added by sec. 3 of the Economic Opportunity Amendments of 1965, 79 Stat. 973.

payments to any individual or to any organization solely as compensation for the service of referring the names of candidates for enrollment in the Corps.

COMPOSITION OF THE CORPS

SEC. 104. (a) The Corps shall be composed of young men and young women who are permanent residents of the United States, who have attained age sixteen but have not attained age twenty-two at the time of enrollment, and who meet the standards for enrollment prescribed by the Director. Participation in the Corps shall not relieve any enrollee of obligations under the Universal Military Training and Service Act (50 U.S.C. App. 451 et seq.). 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 considered a permanent resident of the United States.1

(b) In order to enroll as a member of the Corps, an individual must agree to comply with rules and regulations promulgated by the Director for the government of the Corps.

(c) The total enrollment of any individual in the Corps shall not exceed two years except as the Director may determine in special cases. (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 section 1001 of title 18, United States Code, shall be applicable to the oath or affirmation required under this subsection.

(e) The Director shall take such action as may be necessary to insure that, on or before July 1, 1967, the number of women in residence, and receiving training, at Job Corps conservation camps and training centers is not less than 23 per centum of the total number of enrollees in the Job Corps.

(f) The Director shall not use any funds made available to carry out this part for the fiscal year ending June 30, 1967, in such a manner as to increase the capacity of conservation camps and training centers of the Job Corps above the capacity of 45,000 enrollees in such camps and centers.

(g) The Director shall take such action as may be necessary to insure that for any fiscal year the direct operating costs of Job Corps

This sentence added by sec. 4 of the Economic Opportunity Amendments of 1965, 79 Stat. 973. 1 See 5 of the Economic Opportunity Amendments of 1965, 79 Stat. 973, amended sec. 104(d) to read as set forth in the text. Prior to this amendment sec. 104(d) read as follows:

"Each enrollee must execute and file with the Director an affidavit that he does not believe in, and is not a member of and does not support any organization that believes in or teaches, the overthrow of the United States Government by force or violence or by any illegal or unconstitutional methods, and 2) each enrollee must take and subscribe to an oath or affirmation in the following form: 'I do solemnly swear (or affirm) that I will 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 domestie. The provisions of section 1001 of title 18, United States Code, shall be applicable with respect to such affidavits."

This subsection added by sec. 103 of the Economic Opportunity Amendments of 1966, 80 Stat. 1452. This subsection added by sec. 104 of the Economic Opportunity Amendments of 1966, 80 Stat. 1452. This subsection added by sec. 105 of the Economic Opportunity Amendments of 1966, 80 Stat. 1452.

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camps and centers which have been in operation for more than nine months do not exceed $7,500 per enrollee in such camps and centers. (h) Job Corps officials shall, whenever possible, stimulate formation of indigenous community activity in areas surrounding Job Corps camps and centers to provide a friendly and adequate reception of enrollees into community life.

(i) 2 Whenever there is a vacancy in a Job Corps camp or center in the region in which an enrollee resides which is an appropriate camp or center to meet the needs of the enrollee as determined by the Director, such enrollee shall be assigned to such camp or center. If no such vacancy exists, the enrollee shall be assigned to the Job Corps camp or center offering programs and activities appropriate to meet the needs of the enrollee as determined by the Director, which is nearest to the residence of such enrollee.

(j) 3 The Director shall to the maximum extent feasible assure that each enrollee who successfully completes enrollment in the Corps furnishes to him six months and eighteen months after such completed enrollment the following information:

(1) The place of residence of such enrollee;

(2) The employment status of such enrollee;

(3) The compensation received by such enrollee in his current job and the compensation received by him in the job, if any, immediately preceding his current job; and

(4) Such other relevant information determined by the Director to be necessary for an effective follow-up.

ALLOWANCE AND MAINTENANCE

SEC. 105. (a) Enrollees may be provided with such living, travel, and leave allowances, and such quarters, subsistence, transportation, equipment, clothing, recreational services, medical, dental, hospital, and other health services, and other expenses as the Director may deem necessary or appropriate for their needs. Transportation and travel allowances may also be provided, in such circumstances as the Director may determine, for applicants for enrollment to or from places of enrollment, and for former enrollees from places of termination to their homes.

(b) Upon termination of his or her enrollment in the Corps, each enrollee shall be entitled to receive a readjustment allowance at a rate not to exceed $50 for each month of satisfactory participation therein as determined by the Director: Provided, however, That under such circumstances as the Director may determine a portion of the readjustment allowance of an enrollee not exceeding $25 for each month of satisfactory service may be paid during the period of service of the enrollee directly to a member of his or her family (as defined in section 609 (c)) and any sum so paid shall be supplemented by the payment of an equal amount by the Director. In the event of the enrollee's death during the period of his or her service, the amount of any unpaid readjustment allowance shall be paid in accordance with the provisions of section 1 of the Act of August 3, 1950 (5 U.S.C. 61f).

1 This subsection added by sec. 106 of the Economic Opportunity Amendments of 1966, 80 Stat. 1452. * This subsection added by sec. 107 of the Economic Opportunity Amendments of 1966, 80 Stat. 1452. This subsection added by sec. 108 of the Economic Opportunity Amendments of 1966, 80 Stat. 1453.

APPLICATION OF PROVISIONS OF FEDERAL LAW

SEC. 106. (a) Except as otherwise specifically provided in this part, an enrollee shall be deemed not to be a Federal employee and shall not be subject to the provisions of laws relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits.

(b) Enrollees shall be deemed to be employees of the United States for the purposes of the Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.) and of title II of the Social Security Act (42 U.S.C. 401 et seq.), and any service performed by an individual as an enrollee shall be deemed for such purposes to be performed in the employ of the United States.

(e) (1) Enrollees under this part shall, for the purposes of the administration of the Federal Employees' Compensation Act (5 U.S.C. 751 et seq.), be deemed to be civil employees of the United States within the meaning of the term "employee" as defined in section 40 of such Act (5 U.S.C. 790) and the provisions thereof shall apply except as hereinafter provided.

(2) For purposes of this subsection:

(A) The term "performance of duty" in the Federal Employees' Compensation Act shall not include any act of an enrollee while absent from his or her assigned post of duty, except while participating in an activity (including an activity while on pass or during travel to or from such post of duty) authorized by or under the direction and supervision of the Corps.

(B) In computing compensation benefits for disability or death under the Federal Employees' Compensation Act, the monthly pay of an enrollee shall be deemed to be 2 that received under the entrance salary for GS-2 under the Classification Act of 1949 (5 U.S.C. 1071 et seq.), and section 6(d)(1) of the former Act (5 U.S.C. 756 (d)(1)) shall apply to enrollees.

(C) Compensation for disability shall not begin to accrue until the day following the date on which the enrollment of the injured enrollee is terminated.

(d) An enrollee shall be deemed to be an employee of the Government for the purposes of the Federal tort claims provisions of title 28, United States Code.

(e) Personnel of the uniformed services who are detailed or assigned to duty in the performance of agreements made by the Director for the support of the Corps shall not be counted in computing strength under any law limiting the strength of such services or in computing the percentage authorized by law for any grade therein.

Sec. 6 of the Economic Opportunity Amendments of 1965, 79 Stat. 974, amended sec. 106(c) (2) (A) to read as set forth in the text and also provided that the amendment would be retroactive to January 1, 1965 Prior to this amendment, sec. 106(c)(2)(A) read as follows:

"The term 'performance of duty' in the Federal Employees' Compensation Act shall not include any act of an enrollee

(i) while on authorized leave or pass; or

(ii) while absent from his or her assigned post of duty, except while participating in an activity authorized by or under the direction or supervision of the Corps.'

Sec. 109 of the Economic Opportunity Amendments of 1966, 80 Stat. 1453, amended sec. 106 (c) (2) (B) by striking out the words "$150, except that with respect to compensation for disability accruing after the individual concerned reaches the age of twenty-one, such monthly pay shall be deemed to be".

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