ENROLLEES IN PROGRAM

SEC. 305. (a) Selection for enrollment in programs assisted under this part shall be made by participating school systems in accordance with agreements with the Secretary.

(b) No person may participate as an enrollee in programs under this part unless

(1) he is a student in ninth through twelfth grades;

(2) his and his family's income does not exceed the standard established under section 304 (a) (6);

(3) he is in need of remunerative employment to resume or continue his secondary level education.

(c) Enrollees shall be deemed not 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, leave, unemployment compensation, and Federal employee benefits.

(d) Where appropriate to carry out the purposes of this part, the Secretary may provide for testing, counseling, job development, and referral services to youths through public agencies or private, nonprofit organizations.

QUALIFICATIONS OF WORK-STUDY PROGRAMS

SEC. 306. A work-study program shall be eligible for assistance under this part if

(1) the program will enable students to resume or maintain school attendance;

(2) the program will permit or contribute to an undertaking or service in the public interest that would not otherwise be provided, or will contribute to the conservation, development, or management of the natural resources of the State or community or to the development, management, or protection of State or community recreational areas;

(3) the students will be employed either (A) on publicly owned and operated facilities or projects, or (B) on local projects sponsored by private, nonprofit organizations (other than political parties), other than projects involving the construction, operation, or maintenance of so much of any facility used or to be used for sectarian instruction or as a place of religious worship, or involving the conduct of any sectarian religious activity;

(4) the program will not result in the displacement of employed workers, jeopardize the potential employment of workers not aided under this part, or impair existing contracts for service;

(5) the rates of pay and other conditions of employment will be appropriate and reasonable in the light of such factors as the type of work performed, geographical area, and proficiency of the employee, and in no event shall exceed the rate of pay for regular employees performing similar services;

(6) the program will be coordinated to the maximum extent feasible, with vocational training and educational services adapted to the special needs of students in such program and sponsored by State or local public or private educational agencies: Provided, however, That where such services are inadequate or unavailable, the program may make provision for the enlargement, improvement, development, and coordination of such services with the cooperation of, or where appropriate, pursuant to agreement with, the Secretary of Health, Education, and Welfare;

(7) the employer shall pay at least 25 per centum of the student's wage; and

(8) in States in which participation of all nonpublic school students is permitted, students in such nonpublic schools are admitted to the program on an equitable basis.

PAYMENTS TO STATES

SEC. 307. (a) From the amounts allotted to each State under section 303, the Commissioner shall pay to the State an amount equal to the amount expended by the State in carrying out its State plan. Such payments may be made in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments.

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(b) In the event that, in the opinion of the Commissioner, State constitutional, legislative, or administrative restrictions prevent full participation of private agencies or organizations in the operation of work study programs under this title, the Commissioner shall withhold the allocation provided for that State until a satisfactory plan or implementation meets the requirements of the Commissioner. In the absence of such satisfactory plan and implementation, the Commissioner is authorized to make grants from such State allocation directly to community action boards in order that work-study programs may be provided by contract arrangements or otherwise.

ADMINISTRATION OF STATE PLANS

SEC. 308. (a) The Commissioner shall not finally disapprove any State plan submitted under this part, or any modification thereof, without first affording the State agency administering the plan reasonable notice and opportunity for a hearing.

(b) Whenever the Commissioner, after reasonable notice and opportunity for hearing to such State agency, finds

(1) that the State plan has been so changed that it no longer complies with the provisions of section 304 (a), or

(2) that in the administration of the plan there is a failure to comply substantially with any such provision,

the Commissioner shall notify such State agency that the State will not be regarded as eligible to participate in the program under this part until he is satisfied that there is no longer any such failure to comply.

JUDICIAL REVIEW

SEC. 309. (a) If any State is dissatisfied with the Commissioner's final action with respect to the approval of its State plan submitted under section 304 (a) or with his final action under section 308 (b), such State may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner shall thereupon file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code.

(b) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.

(c) The court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.

OATH OF ALLEGIANCE

SEC. 310. The provisions of section 221 (d) shall apply with respect to enrollees in programs assisted under part A of this title and to all officers and employees any part of whose salaries are paid from sums made available under this title.

PART B-COORDINATOR

STATEMENT OF PURPOSE

SEC. 311. It is the purpose of this part to assist needy youths to find part-time employment with private enterprises on a work-study arrangement, which will enable them to continue or resume their education at the secondary level, through the services of a coordinator who will counsel, test, and coordinate with the employment services to locate employment.

OPERATION OF PROGRAM

SEC. 312. (a) To carry out the purpose of this part, the Commissioner is authorized to contract with local public or private, nonprofit, educational agencies for the hiring of a coordinator, to be located in the school, who will (1) provide counseling and testing to determine students' capabilities and needs, (2) coordinate with the employment services in obtaining suitable jobs on a work-study basis for students with private employers, with such employers paying 100 per centum of the students' wages.

(b) The Commissioner shall give preference to applications submitted by local public or private, nonprofit, educational agencies serving large numbers of youths from low-income families.

(c) The Commissioner shall not approve the application of a local public or private, nonprofit, educational agency which is already carrying on a program described in section 311 unless he has received satisfactory assurances that such agency will not reduce its expendiutres for such program.

(d) In no event shall the Federal payment under this part exceed 50 per centum of the salary paid to the coordinator.

PART C-AUTHORIZATION OF APPROPRIATION

SEC. 321. The Commissioner shall carry out the programs provided for in this title during the fiscal year ending June 30, 1968, and the two succeeding fiscal years. For the purposes of carrying out part A of this title, there is hereby authorized to be appropriated $115,000,000 for the fiscal year ending June 30, 1968. For the purposes of carrying out part B of this title there is hereby authorized to be appropriated $25,000,000 for the fiscal year ending June 30, 1968. For the fiscal year ending June 30, 1969, and the fiscal year ending June 30, 1970, such sums may be appropriated as the Congress may hereafter authorize by law.

TITLE IV-WORK TRAINING

STATEMENT OF PURPOSE

SEC. 401. It is the purpose of this title to provide for needy, unskilled, and unemployed young men and women who have terminated their formal education, programs of on-the-job training which will enable them to become selfsustaining while obtaining the training necessary for a successful career in a vocation.

ESTABLISHMENT OF WORK TRAINING

SEC. 402. In order to carry out the purposes of this title, there is hereby established in the Department of Labor a work training program for out-of-school youths to be administered in coordination with programs carried out under the Manpower Development and Training Act of 1962 under the Secretary of Labor (hereinafter referred to as the "Secretary").

DEVELOPMENT OF PROGRAMS

SEC. 403. (a) The Secretary shall encourage and assist in the development of work training programs which will qualify for assistance under this title through contracts with qualified community action boards. In the absence of a qualified community action board, the Secretary shall develop such programs through direct contracts with public or private nonprofit agencies which the Secretary determines to be qualified.

(b) Any qualified applicant desiring assistance for a work training program shall submit an application to the Secretary which shall contain such information as the Secretary may require.

INDUSTRY YOUTH CORPS

SEC. 404. (a) The Secretary shall establish an Industry Youth Corps to provide employment for unskilled needy youths between the ages of sixteen and twenty-two in programs of on-the-job training with private, profitmaking enterprises.

(b) The Secretary shall encourage farmers to participate under this section by hiring youths for training in farm occupations for which there is a potential of long-term employment.

APPROVAL OF APPLICANTS

SEC. 405. The Secretary shall approve an application under this title only if he finds that—

(a) Enrollees in the program will be employed under a contract or agreement between either a qualified community action board, where existing, or the Secretary and

(1) a public agency; or

(2) a private, nonprofit organization, other than a political party, provided that no such project shall involve the construction, operation of maintenance of so much of any facility used or to be used for sectarian instruction or as a place for religious worship; or

(3) a private, profitmaking employer, as provided under section 404. (b) Enrollees in the program shall be employed under a contract or agreement providing that the enrollees will be given on-the-job training that meets the following requirements:

(1) The community action board is satisfied that an integral part of the program will consist of skill development and job training, that the training component of the program will involve reasonable progression for the enrollee consistent with his individual performance, that there is a reasonable likelihood that an enrollee who successfully completes the program will be qualified for suitable long-term employment by the employer, that enrollees will not displace employed workers or impair existing contracts for services and that conditions are such as to preclude exploitation of enrollees in any fashion.

(2) The employer is given full assurance that he shall have the same authority with reference to discipline, assignment of work, working conditions, and discharge of enrollees as he has for regular employees of comparable status.

(3) The community action board is satisfied that enrollees will be compensated at reasonable rates comparable to, but in no event in excess of, the rates of pay for regular employees performing similar services.

(4) No enrollee will be permitted to participate in the program for more than one year, except that an enrollee may be permitted to participate for one additional year if it is ascertained that (A) he will benefit from an additional year under the program, (B) his employer is making adequate provision for his possible long-term employment, (C) he is unable to qualify for suitable employment without part of his wages being paid from sources other than his employer or for other training suitable to his needs, and (D) consideration has been given to the feasibility of the employer paying a larger portion of his wages in view of his experience and training.

(5) The program shall be administered through a grant to the local community action board which shall, in turn, negotiate the terms and conditions of the contracts with private employers with due consideration for minimizing forms and technical procedures imposed upon employers.

(6) Community action boards shall be satisfied that, where appropriate, supplementary classroom instruction is provided enrolles.

(7) Under no circumstance shall an enrollee be employed under this program unless the components of training or supplemental education for the enrollee are provided.

(8) In the event the employer is a private, profitmaking concern, the employer shall pay at least 75 per centum of the enrollee's wage.

(9) In the event the employer is a public or nonprofit agency, the employer shall pay at least 25 per centum of the enrollee's wage during the fiscal year ending June 30, 1968, and at least 50 per centum of his wage during each succeeding fiscal year.

(c) In the absence of a local community action board, the Secretary shall be authorized to make direct contracts with employers in order to fulfill the requirements of this section.

SELECTION OF ENROLLEES

SEC. 406. (a) Selection for enrollment in programs assisted under this title shall be made by qualified community action boards or other qualified applicants in accordance with agreements with the Secretary.

(b) No person may participate as an enrollee in programs under this title unless

(1) he has attained age sixteen but has not attained age twenty-two;

(2) his income and his family's income does not exceed the standard of poverty established by the Secretary that takes due account of the number of children, dependents, and other special circumstances substantially affecting the ability of individuals and families to be self-sustaining;

(3) he is unemployed and in need of interim, remunerative employment; and

(4) he has not regularly attended school for a period of at least six months, and the local authorities after pursuing all appropriate procedures, including guidance and counseling, have concluded that further school attendance by him in any regular academic or vocational program is no longer practicable under the circumstances.

(c) Enrollees shall be deemed not to be Federal employees and shall not 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 employee benefits.

(d) Where appropriate to carry out the purposes of this title, the Secretary may provide for testing, counseling, job development, and referral services to youths through public agencies or private, nonprofit organizations.

PAYMENTS

SEC. 407. The Secretary shall establish criteria designed to achieve an equitable distribution of assistance under this title among the States. In developing such criteria, he shall consider among other relevant factors the ratios of population, unemployment, and family income levels. Not more than 121⁄2 per centum of the sums appropriated or allocated for any fiscal year to carry out the purposes of this title shall be used within any one State.

OATH OF ALLEGIANCE

SEC. 408. The provisions of section 221(d) shall apply with respect to enrollees in programs assisted under this title and to all officers and employees any part of whose salaries are paid from sums made available under this title.

AUTHORIZATION OF APPROPRIATION

SEC. 409. The Secretary shall carry out the program provided for in this title during the fiscal year ending June 30, 1968, and the two succeeding fiscal years. For the purposes of carrying out this title, there is hereby authorized to be ap propriated the sum of $100,000,000 for the fiscal year ending June 30, 1968, of which $70,000,000 shall be reserved to administer and conduct programs provided under section 305. For the fiscal year ending June 30, 1969, and the fiscal year ending June 30, 1970, such sums may be appropriated as the Congress may hereafter authorize by law.

TITLE V-URBAN AND RURAL COMMUNITY ACTION PROGRAMS

PART A-GENERAL

STATEMENT OF PURPOSE

SEC. 501. It is the purpose of this title to stimulate the creation and continuation of agencies having a special capacity for identifying unique and distinctive problems in the community and for making use of education and training programs, welfare and health programs, and benefits through research and planning, and, in close coordination with private industry and through the use of the agencies so created, to provide stimulation and incentive for new and imaginative programs for both urban and rural communities to mobilize their resources to combat poverty through total involvement of individuals and groups concerned and meaningful communication, planning, and implementation at the local level.

ADMINISTRATION AT FEDERAL LEVEL

SEC. 502. (a) The Secretary of Health, Education, and Welfare (hereinafter referred to as the "Secretary") shall establish a separate agency in the Department of Health, Education, and Welfare which shall be headed by an Assistant Secretary and shall be the principal agency in the Department concerned with community action programs.