poverty is so large and pressing that its solution requires resources well beyond what public agencies alone can command; and, in the economy of this nation, people who ultimately escape poverty and gain self-sufficiency will do so in most cases through employment which only the private sector can provide. 25 The bill seeks to provide a basis for expanding private participation still further in a way that takes account of both of these facts. It would, for example, authorize a new urban employment program, specifically designed to operate with an unusual measure of private employer cooperation." It would also expand the possibilities for including on-the-job training elements involving private employers in other work-training programs. In the case of communty action, it would specifically recognize the necessity for involving private business, labor and professional groups, not just through community action agency board membership, but also through projects using the capabilities of these groups in activities to help the poor obtain jobs or to make managerial and technical expertise more readily available to neighborhood groups. 26 Finally, the bill contemplates a large increase in private individual citizen participation in connection with Head Start and child development programs and in a variety of other activities where there is a critical need for the talents and energes of dedicated people. It would, for this purpose, authorize a new parttime volunteer program designed to extend to many thousands of people, young and old alike, opportunities for meaningful and rewarding service in helping the poor to help themselves-opportunities which VISTA, with its requirement for full-time service, can today offer only to a relative few." ADMINISTRATION SENDS TO CONGRESS TIGHTENED AND STRENGTHENED ECONOMIC OPPORTUNITY ACT OF 1967 A revised and strengthened antipoverty program for Fiscal Year 1968 is proposed in the Economic Opportunity Act of 1967, submitted to Congress by the Office of Economic Opportunity today. In effect, a "new" bill has been presented to the Congress. It would: Establish precise procedures and standards to assure fiscal and administrative controls over all programs, including locally administered community action programs. These include requirements for audits, regulations over the rate of local agency expenditures, evaluation reports, and employment standards. Establish safeguards against the use of Federal funds for illegal picketing or demonstrations, and against participation by antipoverty employees in any form of direct action in violation of the law, or in partisan political activity. Expand participation of states in the War on Poverty through expanded use of state agency resources. This includes provision for state-operated community action programs serving rural and smaller communities, and a broader role for state technical assistance agencies. States will be given expanded opportunities for participation in Job Corps, including operation or administration of state-operated programs which carry out the general purposes of Job Corps. Increase involvement of the chief, locally-elected officials, and business, labor, religious and other private organizations, and individuals. Establish a new placement system for the Job Corps to provide maximum employment opportunities for enrollees. Declare as ineligible for Job Corps persons with a record of violent antisocial behavior and require enforcement of standards of Job Corps conduct that give Job Corps Center Directors authority to take appropriate disciplinary action, including dismissal. Define new Job Corps practices requiring establishment of relationships between the Centers and surrounding communities, including community advisory councils, which will give communities a new voice in center operations. Tighten regional assignment provisions so that enrollees will go to centers nearest their homes-thus further reducing enrollee costs. 24 New title I-B (sec. 102 of the bill), sec. 123. 25 New title I-B (sec. 102 of the bill), sec. 122. 28 New title II (sec. 103 of the bill), secs. 201(5), 211(a), 212 (b) (5). New title VIII (sec. 107 of the bill), sec. 820. Expand programs in rural areas under direction of a new assistant director charged with implementing all types of antipoverty programs in rural regions. Draw together diverse work training authorities to make it possible for communities to tailor projects to local needs without the red tape of multiple applications. Define and strengthen the coordinating authority of the Director of the Office of Economic Opportunity and the Economic Opportunity Council over all antipoverty programs. The proposed bill requests authorizations adequate to fund many local community action programs which had to be curtailed by last year's Congressional cuts in appropriations. The proposed $2.06 billion bill is based on experience gained in two and a half years of antipoverty administration. Amendments and new titles are recommended that will capitalize on the hard lessons learned in this time. The legislation specifies areas that will be strengthened, spelling them out with exact guidelines and requirements, and codifies areas where the record shows achievement and progress. The Office of Economic Opportunity, which necessarily reached out and tried many new avenues when the War on Poverty was launched in November, 1964, has, in general, redrawn and redefined its lines of attack according to practical successes attained. The thrust of the proposed legislation underscores the paramount purpose of the antipoverty effort that is, making productive citizens and fully participating citizens of all who now live in poverty. Those in poverty total about 32 million men, women, and children, or approximately 10 million family units. COMMUNITY ACTION Community action program amendments are aimed at taking all steps possible to help the poor obtain knowledge and skills which are needed to become selfsufficient. The present provision that one-third of the governing boards of community action agencies must be representatives of the poor is retained. Added are requirements that community action agencies-the locally organized and locally administered antipoverty units-provide an important role for public officials, as well as for representatives of business, labor and other private community leadership groups. The amendments would expand the means of state participation in community action programs, giving a wider role to state technical assistance agencies and providing that state agencies operate or serve as a conduit of funds for specific programs. Local governing boards of community action agencies will be required to have effective control over all basic programs, planning, budget and personnel policies. Minimum functions are prescribed for CAAs, and requirements are added for annual operating audits, and administrative and personnel standards are tightened. There is a provision for appointing committees of local business and professional men to advise the local community agencies. Standards are set for evaluating the effectiveness of the CAA operation. Methods are described to cut red tape and eliminate duplication where several federal and state agencies are involved in a single project. WORK AND TRAINING PROGRAMS Work and Training Program amendments include a new employment program to reach thousands of unemployed or underemployed slum residents. For the first time, it will provide these people-many of them now only marginally employable at best-with intensive assistance needed to get and hold the jobs which exist in urban areas. The amendment further create a new manpower package which includes Neighborhood Youth Corps and Kennedy-Javits authorities, plus a consolidated Nelson-Scheuer program. They make it possible for communities to deal with one single Federal agency in developing projects that pull together the resources of several Federal programs. These programs, carried out with assistance from other Federal agencies, would be coordinated by the community action agencies. On-the-job training with private profit-making employers may be included in projects. JOB CORPS The proposed Act spells out provisions for the Job Corps program on which the present law is silent or has only a general provision. The new legislation details that the program is designed to assist low-income, disadvantaged youth in intensive residential programs, while at the same time contributing to the development of resources and the development and spread of techniques for working with such young people. Eligibility criteria are amplified, including a provision that the program is designed for young people with the capabilities and aspirations needed to benefit from the program. Procedures for screening applicants and the placement of youth completing training are spelled out for the first time in the 1967 amendments, based on the experience gained in the first two years of the program. The sections on screening clearly prohibit selecting a youth for the program unless he can participate successfully in group activities, is not likely to engage in activities disruptive to the center's program for others or its relationships with surrounding communities. The proposed Act requires arrangement of assistance to youth completing training, in finding employment, returning to school, or undertaking other activities with career potential. VISTA VISTA amendments provide for the recently-launched Citizens Corps, which expects to recruit between 50,000 and 100,000 part-time volunteers to work in antipoverty projects in their communities. They also establish as a permanent part of VISTA the demonstration program under which volunteers serve as VISTA Associates during the summer months. More than 2,000 will be recruited for this summer, compared with 500 last year. There are provisions requiring that all support for volunteers be provided at the lowest possible cost, that volunteers not be used to displace employed workers, and that no agency using volunteers may be paid for the services which they perform. SUMMER CAMP PROGRAM The legislation proposes a Summer Camp Program for underprivileged children, under the supervision of OEO in partnership with state and local governments and non-profit organizations. With the funds authorized, the federal government would provide facilities on Federal lands and, in agreement with state and local authorities, on lands under their jurisdiction. It would also make these lands available to public and non-profit organizations which could sponsor children from low-income families and areas. The legislation contemplates a large increase in private individual citizen participation, in connection with Head Start and child development projects and other activities where there is a need for the abilities of dedicated people. MATERIAL ON SCHOOL DESEGREGATION POLICIES OF DHEW OFFICE OF EDUCATION UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 TITLE VI-CIVIL RIGHTS ACT OF 1964 NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS SEC. 601. No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. SEC. 602. Each Federal department and agency which is empowered to extend Federal financial assistance to any program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of section 601 with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken. No such rule, regulation, or order shall become effective unless and until approved by the President. Compliance with any requirement adopted pursuant to this section may be effected (1) by the termination of or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such requirement, but such termination or refusal shall be limited to the particular political entity, or part thereof, or other recipient as to whom such a finding has been made and, shall be limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found, or (2) by any other means authorized by law: Provided, however, That no such action shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means. In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the Federal department or agency shall file with the committees of the House and Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action. No such action shall become effective until thirty days have elapsed after the filing of such report. SEC. 603. Any department or agency action taken pursuant to section 602 shall be subject to such judicial review as may otherwise be provided by law for similar action taken by such department or agency on other grounds. In the case of action, not otherwise subject to judicial review, terminating or refusing to grant or to continue financial assistance upon a finding of failure to comply with any requirement imposed pursuant to section 602, any person aggrieved (including any State or political subdivision thereof and any agency of either) may obtain judicial review of such action in accordance with section 10 of the Administrative Procedure Act, and such action shall not be deemed committed to unreviewable agency discretion within the meaning of that section. SEC. 604. Nothing contained in this title shall be construed to authorize action under this title by any department or agency with respect to any employment practice of any employer, employment agency, or labor organization except where a primary objective of the Federal financial assistance is to provide employment. SEC. 605. Nothing in this title shall add to or detract from any existing authority with respect to any program or activity under which Federal financial assistance is extended by way of a contract of insurance or guaranty. [From the Federal Register, Dec. 4, 1964] TITLE 45-PUBLIC WELFARE SUBTITLE A-DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, PART 80-NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 Subtitle A 45 CFR is hereby amended by adding the following new Part 80: AUTHORITY: The provisions of this Part 80 are issued under sec. 602, 78 Stat. 252, and the laws referred to in Appendix A. § 80.1 Purpose. The purpose of this part is to effectuate the provisions of title VI of the Civil Rights Act of 1964 (hereafter referred to as the "Act") to the end that no person in the United States shall; on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of Health, Education, and Welfare. § 80.2 Application of this part. This part applies to any program for which Federal financial assistance is authorized under a law administered by the Department, including the Federallyassisted programs and activities listed in Appendix A of this part. It applies to money paid, property transferred, or other Federal financial assistance extended under any such program after the effective date of the regulation pursuant to an application approved prior to such effective date. This part does not apply to (a) any Federal financial assistance by way of insurance or guaranty contracts, (b) money paid, property transferred, or other assistance extended under any such program before the effective date of this part, (c) any assistance to any individual who is the ultimate beneficiary under any such program, or (d) any employment practice, under any such program, of any employer, employment agency, or labor organization, except to the extent described in § 80.3. The fact that a program or activity is not listed in Appendix A shall not mean, if Title VI of the Act is otherwise applicable, that such program is not covered. Other programs under statutes now in force or hereinafter enacted may be added to this list by notice published in the FEDERAL REGISTER. § 80.3 Discrimination prohibited. (a) General. No person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program to which this part applies. (b) Specific discriminatory actions prohibited. (1) A recipient under any program to which this part applies may not, directly or through contractual or other arrangements, on ground of race, color, or national origin: (i) Deny an individual any service, financial aid, or other benefit provided under the program; (ii) Provide any service, financial aid, or other benefit to an individual which is different, or is provided in a different manner, from that provided to others under the program; (iii) Subject an individual to segregation or separate treatment in any matter related to his receipt of any service, financial aid, or other benefit under the program; (iv) Restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under the program; (v) Treat an individual differently from others in determining whether he satisfies any admission, enrollment, quota, eligibility, membership or other requirement or condition which individuals must meet in order to be provided any service, financial aid, or other benefit provided under the program: (vi) Deny an individual an opportunity to participate in the program through the provision of services or otherwise or afford him an opportunity to do so which is different from that afforded others under the program (including the opportunity to participate in the program as an employee but only to the extent set forth in paragraph (c) of this section). (2) A recipient, in determining the types of services, financial aid, or other benefits, or facilities which will be provided under any such program, or the class of individuals to whom, or the situations in which, such services, financial aid. other benefits, or facilities will be provided under any such program, or the class of individuals to be afforded an opportunity to participate in any such program. may not, directly or through contractual or other arrangements, utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, or national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program as respect individuals of a particular race, color, or national origin. (3) As used in this section the services, financial aid, or other benefits provided under a program receiving Federal financial assistance shall be deemed to include any service, financial aid, or other benefit provided in or through a facility provided with the aid of Federal financial assistance. (4) The enumeration of specific forms of prohibited discrimination in this paragraph and paragraph (c) of this section does not limit the generality of the prohibition in paragraph (a) of this section. |