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and to such physical examination and reasonable regulation of his conduct as the supervisory aftercare authority establishes, subject to the approval of the Surgeon General. The Surgeon General may, at any time, order a conditionally released individual to return for institutional treatment. The Surgeon General's order shall be a sufficient warrant for the supervisory aftercare authority, a probation officer, or any Federal officer authorized to serve criminal process within the United States to apprehend and return the individual to institutional custody as directed. I f it is determined that an individual has returned to the use of narcotics, the Surgeon General shall inform the court of the conditions under which the return occurred and make a recommendation as to whether treatment should be continued. The court may affirm the commitment or terminate it and resume the pending criminal proceeding. " (c) The total period of treatment for any individual committed to the custody of the Surgeon General shall not exceed thirty-six months. If, at the expiration of such maximum period, the Surgeon General is unable to certify that the individual has successfully completed his treatment program the pending criminal proceeding shall be resumed. " (d) Whenever a pending criminal proceeding against an individual is resumed under this chapter, he shall receive full credit toward the service of any sentence which may be imposed for any time spent in the institutional custody of the Surgeon General or the Attorney General or any other time spent in institutional custody in connection with the matter for which sentence is imposed. "§ 2904. Civil commitment not a conviction; use of test results "The determination of narcotic addiction and the subsequent civil commitment under this chapter shall not be deemed a criminal conviction. The results of any tests or procedures conducted by the Surgeon General or the supervisory aftercare authority to determine narcotic addiction may only be used in a further proceeding under this chapter. They shall not be used against the examined individual in any criminal proceeding except that the fact that he is a narcotic addict may be elicited on his cross-examination as bearing on his credibility as a witness. "§ 2905. Delegation of functions by Surgeon General; use of Federal, State, and private facilities " (a) The Surgeon General may from time to time make such provision as he deems appropriate authorizing the performance of any of his functions under this chapter by any other officer or employee of the Public Health Service, or with the consent of the head of the Department or Agency concerned, by any Federal or other public or private agency or officer or employee thereof. " (b) The Surgeon General is authorized to enter into arrangements with any public or private agency or any person under which appropriate facilities or services of such agency or person will be made available, on a reimbursable basis or otherwise, for the examination or treatment of individuals who elect civil commitment under this chapter. "§ 2906. Absence of offer by the court to a defendant of an election under section 2902(a) or any determination as to civil commitment, not reviewable on appeal or otherwise "The failure of a court to offer a defendant an election mider section 2902(a) of this chapter, or a determination relative to civil commitment under this chapter shall not be reviewable on appeal or otherwise."

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[80 STAT.

TITLE II—SENTENCING TO COMMITMENT FOR TREATMENT 62 Stat. 683.

SEC. 201. Title 18 of the United States Code is amended by adding after chapter 313 thereof the following new chapter: "CHAPTER 314—NARCOTIC ADDICTS "Sec. "4251. "4252. "4253. "4254. "4255.

68A Stat. 557; '^26 USC^473i.

Definitions. Examination. Commitment. Conditional release. Supervision in the community.

"§4251. Definitions "As used in this chapter— " (a) 'Addict' means any individual who habitually uses any narcotic drug as defined by section 4731 of the Internal Revenue Code of 1954, as amended, so as to endanger the public morals, health, safety, or Welfare, or who is or has been so far addicted to the use of such narcotic drugs as to have lost the power of self-control with reference to his addiction. "(b) 'Crime of violence' includes voluntary manslaughter, murder, rape, mayhem, kidnaping, robbery, burglary or housebreaking in the nighttime, extortion accompanied by threats of violence, assault with a dangerous weapon or assault with intent to commit any offense punishable by imprisonment for more than one year, arson punishable as a felony, or an attempt or conspiracy to commit any of the foregoing offenses. "(c) 'Treatment' includes confinement and treatment in an institution and under supervised aftercare in the community and includes, but is not limited to, medical, educational, social, psychological, and vocational services, corrective and preventive guidance and training, and other rehabilitative services designed to protect the public land benefit the addict by correcting his antisocial tendencies and ending his dependence on addicting drugs and his susceptibility to addiction. " (d) 'Felony' includes any offense in violation of a law of the United States classified as a felony under section 1 of title 18 of the United States Code, and further includes any offense in violation of a law of any State, any possession or territory of the United States, the District of Columbia, the Canal Zone, or the Commonwealth of Puerto Rico, which at the time of the offense was classified as a felony by the law of the place where that offense was committed. "(e) 'Conviction' and 'convicted' mean the final judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere, and do not include a final judgment which has been expunged by pardon, reversed, set aside, or otherwise rendered nugatory. " (f) 'Eligible offender' means any individual who is convicted of an offense against the United States, but does not include— " (1) an offender who is convicted of a crime of violence. "(2) an offender who is convicted of unlawfully importing or selling or conspiring to import or sell a narcotic drug, unless the court determines that such sale was for the primary purpose of enabling the offender to obtain a narcotic drug which he requires for his personal use because of his addiction to such drug. " (3) an offender against whom there is pending a prior charge of a felony which has not been finally determined or who is on probation or whose sentence following conviction on such a charge, including any time on parole or mandatory release, has not been fully served: Provided, That an offender on probation, parole, or

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mandatory release shall be included if the authority authorized to require his return to custody consents to his commitment. " (4) an offender who has been convicted of a felony on two or more prior occasions. "(6) an offender who has been committed under title I of the Narcotic Addict Rehabilitation Act of 1966, under this chapter, under the District of Columbia Code, or under any State proceeding because of narcotic addiction on three or more occasions. "§4252. Examination "If the court believes that an eligible offender is an addict, it may place him in the custody of the Attorney General for an examination to determine whether he is an addict and is likely to be rehabilitated through treatment. The Attorney General shall report to the court within thirty days; or any additional period granted by the court, the results of such examination and make any recommendations he deems desirable. An offender shall receive full credit toward the service of his sentence for any time spent in custody for an examination. "§4253. Commitment " (a) Following the examination provided for in section 4252, if the court determines that an eligible offender is an addict and is likely to be rehabilitated through treatment, it shall commit him to the custody of the Attorney General for treatment under this chapter, except that no offender shall be committed under this chapter if the Attorney General certifies that adequate facilities or personnel for treatment are unavailable. Such commitment shall be for an indeterminate period of time not to exceed ten years, but in no event shall it exceed the maximum sentence that could otherwise have been imposed. " (b) If, following the examination provided for in section 4252, the court determines that an eligible offender is not an addict, or is an addict not likely to be rehabilitated through treatment, it shall impose such other sentence as may be authorized or required by law. "§ 4254. Conditional release "An offender committed under section 4253(a) may not be conditionally released until he has been treated for six months following such commitment in an institution maintained or approved by the Attorney General for treatment. The Attorney General may then or at any time thereafter report to the Board of Parole whether the offender should be conditionally released under supervision. After receipt of the Attorney General's report, and certification from the Surgeon General of the Public Health Service that the offender has made sufficient progress to warrant his conditional release under supervision, the Board may in its discretion order such a release. In determining suitability for release, the Board may make any investigation it deems necessary. If the Board does not conditionally release the offender, or if a conditional release is revoked, the Board may thereafter grant a release on receipt of a further report from the Attorney General. "§ 4255. Supervision in the community "An offender who has been conditionally released shall be under the jurisdiction of the Board as if on parole under the established rules of the Board and shall remain, while conditionally released, in the legal custody of the Attorney General. The Attorney General may contract with any appropriate public or private agency or any person for supervisory aftercare of a conditionally released offender. Upon receiving information that such an offender has violated his conditional release, the Board, or a member thereof, may issue and cause to be executed a

1443

Ante, p. 1438.

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[80 STAT.

warrant for his apprehension and return to custody. Upon return to custody, the offender shall be given an opportunity to appear before the Board, a member thereof, or an examiner designated by the Board, after which the Board may revoke the order of conditional release." TITLE III—CIVIL COMMITMENT OF PERSONS NOT CHARGED W I T H ANY CRIMINAL OF F E N S E Definitions. ^lStat. 557; 26 USC 4731.

trJllml^t" ^""^ re a men.

gjjc. 301. For the purposes of this title, the term— (a) "Narcotic addict" means any individual who habitually uses any narcotic drug as defined by section 4731 of the Internal Revenue Code of 1954, as amended, so as to endanger the public morals, health, safety, or welfare, or who is or has been so far addicted to the use of such narcotic drugs as to have lost the power of self-control with reference to his addiction. (b) "Treatment" includes confinement and treatment in a hospital of the Service and under supervised aftercare in the community and includes, but is not limited to, medical, educational, social, psychological, and vocational services, corrective and preventive guidance and training, and other rehabilitative services designed to protect the public and benefit the addict by correcting his antisocial tendencies and ending his dependence on addicting drugs and his susceptibility to addiction. (c) "Surgeon General" means the Surgeon General of the Public Health Service. (d) "Hospital of the Service" means any hospital or other facility of the Public Health Service especially equipped for the accommodation of addicts, and any other appropriate public or private hospital or other facility available to the Surgeon General for the care and treatment of addicts. (e) "Patient" means any person with respect to whom a petition has been filed by a United States attorney as provided under subsection (b) of section 302 of this title. (f) "Posthospitalization program" shall mean any program providing for the treatment and supervision of a person established by the Surgeon General pursuant to section 307 of this title. (g) "State" includes the District of Columbia and the Commonwealth of Puerto Rico. (h) "United States" includes the Commonwealth of Puerto Rico. (i) "Related individual" means any person with whom the alleged narcotic addict may reside or at whose house he may be, or the husband or wife, father or mother, brother or sister, or the child or the nearest available relative of the alleged narcotic addict. ^^^' ^^^' (^^ Except as otherwise provided in section 311 of this title, wheuever any narcotic addict desires to obtain treatment for his addiction, or whenever a related individual has reason to believe that any person is a narcotic addict, such addict or related individual may file a petition with the United States attorney for the district in which such addict or person resides or is found requesting that such addict or person be admitted to a hospital of the Service for treatment of his addiction. Any such petition filed by a narcotic addict shall set forth his name and address and the facts relating to his addiction. Any such petition filed by a related individual with respect to a person believed by such individual to be a narcotic addict shall set forth the name and address of the alleged narcotic addict and the facts or other data on which the petitioner bases his belief that the person with respect to whom the petition is filed is a narcotic addict.

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(b) After considering such petition, the United States attorney commitment. shall, if he determines that there is reasonable cause to believe that the person named in such petition is a narcotic addict, and that appropriate State or other facilities are not available to such person, file a petition with the United States district court to commit such person to a hospital of the Service for treatment as provided in this title. In making his determination with respect to the nonavailability of such facilities, the United States attorney shall consult with the Surgeon General, and other appropriate State or local officials. (c) Upon the filing of any such petition by a United States attorney, Examination of the court may order the patient to appear before it for an examination P^'^^"*by physicians as provided under section 303 of this title and for a hearing, if required, under section 304 of this title. The court shall cause a copy of such petition and order to be served personally upon the patient by a United States marshal. SEC. 303. The court shall immediately advise any patient appearing ^ ^^^^l *° °""' before it pursuant to an order issued under subsection (c) of section ^^ ' ^ • 302 of his right to have (1) counsel at every stage of the judicial proceedings under this title and that, if he is unable because of financial reasons to obtain counsel, the court will, at the patient's request, assign counsel to represent him; and (2) present for consultation during any examination conducted under this section, a qualified physician retained by such patient, but in no event shall such physician be entitled to participate in any such examination or in the making of any report r ^ u i r e d under this section with respect to such examination. The court shall also advise such patient that if, after an examination and hearing as provided in this title, he is found to be a narcotic addict who is likely to be rehabilitated through treatment, he will be civilly committed to the Surgeon General for treatment; that he may not voluntarily withdraw from such treatment; that the treatment (including posthospitalization treatment and supervision) may last forty-two months; that during treatment he will be confined in an institution; that for a period of three years following his release from confinement he will be under the care and custody of the Surgeon General for treatment and supervision under a posthospitalization program established by the Surgeon General; and that should he fail or refuse to cooperate in such posthospitalization program or be determined by the Surgeon General to have relapsed to the use of narcotic drugs, he may be recommitted for additional confinement in an institution followed by additional posthospitalization treatment and supervision. After so advising the patient, the court shall appoint two qualified physicians, one of whom shall be a psychiatrist, to examine the patient. For the " ^ purpose of the examination, the court may order the patient committed for such reasonable period as it shall determine, not to exceed thirty days, to the custody of the Surgeon General for confinement in a suitable hospital or other facility designated by the court. Each physician appointed by the court shall, within such period so determined by the court, examine the patient and file with the court, a written report with respect to such examination. Each such report shall include a statement of the examining physician's conclusions as to whether the patient examined is a narcotic addict and is likely to be rehabilitated through treatment. Upon the filing of such reports, the patient so examined shall be returned to the court for such further proceedings as it may direct under this title. Copies of such reports shall be made available to the patient and his counsel.

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 1446 Hearing,

J u d i c i a l review.

62 Stat. 9 2 8, 929.

Witness f e e s.

Commitment by court order.

Release.

Posthospitalization treatment. Recommendations of SurgeonGeneral.

PUBLIC LAW 89-793-NOV. 8, 1966

[80 STAT.

SEC. 304. (a) If both examining physicians (referred to in section 303) conclude in their respective written reports that the patient is not a narcotic addict, or is an addict not likely to be rehabilitated through treatment, the court shall immediately enter an order discharging the patient and dismissing the proceedings under this title. If the written report of either such physician indicates that the patient is a narcotic addict who is likely to be rehabilitated through treatment, or that the physician submitting the report is unable to reach any conclusion by reason of the refusal of the patient to submit to a thorough examination, the court shall promptly set the case for hearing. The court shall cause a written notice of the time and place of such hearing to be served personally upon the patient and his attorney. Such notice shall also inform the patient that upon demand made by him within fifteen days after he has been served, he shall be entitled to have all issues of fact with respect to his alleged narcotic addiction determined by a jury. If no timely demand for a jury is made, the court, in conducting such hearing, shall determine all issues of fact without a jury. (b) I n conducting any hearing under this title, the court shall receive and consider all relevant evidence and testimony which may be offered, including the contents of the reports referred to in section 303. Any patient with respect to whom a hearing is held under this title shall be entitled to testify and to present and cross-examine witnesses. All final orders of commitment under this title shall be subject to review in conformity with the provisions of sections 1254 and 1291 of title 28 of the United States Code. (c) Any patient with respect to whom a hearing has been set under this title may be detained by the court for a reasonable period of time in a suitable hospital or other facility designated by the court until after such hearing has been concluded. (d) Witnesses subpenaed by either party under the provisions of this title shall be paid the same fees and mileage as are paid to other witnesses in the courts of the United States. SEC. 305. If the court determines after a hearing that such patient is a narcotic addict who is likely to be rehabilitated through treatment, the court shall order him committed to the care and custody of the Surgeon General for treatment in a hospital of the Service. The Surgeon General shall submit to the court written reports with respect to such patient at such times as the court may direct. Such reports shall include information as to the health and general condition of the patient, together with the recommendations of the Surgeon General concerning the continued confinement of such patient. SEC. 306. Any patient conmiitted to the care and custody of the Surgeon General pursuant to section 305 of this title shall be committed for a period of six months, and shall be subject to such posthospitalization program as may be established pursuant to section 307 of this title; except that such patient may be released from confinement by the Surgeon General at any time prior to the expiration of such six-month period if the Surgeon General determines that the patient has been cured of his drug addiction and rehabilitated, or that his continued confinement is no longer necessary or desirable. SEC. 307. (a) Whenever any patient under the care and custody of the Surgeon General pursuant to this title is to be released from confinement in accordance with the provisions thereof, the Surgeon General shall give notice of such pending release to the committing court within ten days prior thereto and shall, at the time of the patient's

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release, promptly return him to that court. The court, after considering the recommendations of the Surgeon General with respect to posthospitalization treatment for any such patient so returned, may place such patient under the care and custody of the Surgeon General for the three-year period immediately following the patient's release, for treatment and supervision under such posthospitalization program as the Surgeon General may direct. (b) If, at any time during such three-year period, any patient (1) fails or refuses to comply with the directions and orders of the Surgeon General in connection with such patient's posthospitalization treatment and supervision, or (2) is determined by the Surgeon General to be again using narcotic drugs, the Surgeon General may order such patient's immediate return to the committing court which may recommit such patient to a hospital of the Service for additional treatment for a period of not to exceed six months, and may require such patient thereafter to submit to a posthospitalization program in accordance with subsection (a) of this section. SEC. 308. The court, upon the petition of any patient after his ^fg^'/°" ^^ confinement pursuant to this title for a period in excess of three months, shall inquire into the health and general condition of the patient and as to the necessity, if any, for his continued confinement. If the court finds, with or without a hearing, that his continued confinement is no longer necessary or desirable, it shall order the patient released from confinement and returned to the court. The court may, with respect to any such patient so returned, place such patient under a posthospitalization program in accordance with the provisions of subsection (a) of section 307 of this title. SEC. 309. Any determination by the court pursuant to this title that a patient is a narcotic addict shall not be deemed a criminal conviction, nor shall such patient be denominated a criminal by reason of that determination. The results of any hearing, examination, test, or procedure to determine narcotic addiction of any patient under this title shall not be used against such patient in any criminal proceeding. SEC. 310. Any physician conducting an examination under this title eiiabfi'^idrne'sT' shall be a competent and compellable witness at any hearing or other proceeding conducted pursuant to this title and the physician-patient privilege shall not be applicable. SEC. 311. The provisions of this title shall not be applicable with respect to any person against whom there is pending a criminal charge, whether by indictment or by information, which has not been fully determined or who is on probation or whose sentence following conviction on such a charge, including any time on parole or mandatory release, has not been fully served, except that such provision shall be applicable to any such person on probation, parole, or mandatory release if the authority authorized to require his return to custody consents to his commitment. SEC. 312. Notwithstanding any other provision of this title, no patient shall be commit<^ed to a hospital of the Service under this title if the Surgeon General certifies that adequate facilities or personnel for treatment of such patient are unavailable. SEC. 313. Physicians appointed by the court to examine any person sicfrni"ind coui^pursuant to this title and counsel assigned by the court to represent any s e l, compensa» person in judicial proceedings under this title shall be entitled to rea- tion. sonable compensation, in an amount to be determined by the court, to

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1448

Delegation of functions.

Penalties.

62 Stat. 734; 77 Stat. 834.

62 Stat. 749.

[80 STAT.

be paid, upon order of the court, out of such funds as may be provided by law. SEC. 314. (a) The Surgeon General may from time to time make such provisions as he deems appropriate authorizing the performance of any of his functions under this title by any other officer or employee of the Public Health Service, or with the consent of the head of the Department or Agency concerned, by any Federal or other public or private agency or officer or employee thereof. (b) The Surgeon General is authorized to enter into arrangements with any public or private agency or any person under which appropriate facilities or services of such agency or person will be made available, on a reimbursable basis or otherwise, for the examination or treatment of individuals pursuant to the provisions of this title. SEC. 315. Whoever escapes or attempts to escape while committed to institutional custody for examination or treatment under this title, or whoever rescues or attempts to rescue or instigates, aids, or assists the escape or attempt to escape of such a person, shall be subject to the penalties provided in sections 751 and 752 of title 18, United States Code. SEC. 316. Any person who knowingly makes any false statement to the United States attorney in any petition under section 302(a) of this title shall be subject to the penalty prescribed in section 1001 of title 18, United States Code. TITLE IV — R E H A B I L I T A T I O N AND P O S T H O S P I T A L I Z A TION CARE PROGRAMS AND ASSISTANCE TO STATES AND LOCALITIES

Post,

p. 1449.

Appropriation.

SEC. 401. The Surgeon General is authorized to establish, as an integral part of the program of treatment for narcotic addiction authorized by section 341 of the Public Health Service Act, outpatient services to (1) provide guidance and give psychological help and supervision to patients and other individuals released from hospitals of the Service after treatment for narcotic drug addiction, utilizing all available resources of local, public and private agencies, and (2) assist States and municipalities in developing treatment programs and facilities for individuals so addicted, including posthospitalization treatment programs and facilities for the care and supervision of narcotic addicts released after confinement under this or any other Act providing for treatment of drug addiction. The Surgeon General shall take into consideration in supplying such services the extent of drug addiction in the various States and political subdivisions thereof and the willingness of such States and subdivisions to cooperate in developing a sound program for the care, treatment, and rehabilitation of narcotic addicts. SEC. 402. (a) There are hereby authorized to be appropriated for the fiscal year beginning July 1, 1966, and for the succeeding fiscal year, the sum of $15,000,000 to enable the Surgeon General (1) to make grants to States and political subdivisions thereof and to private organizations and institutions (A) for the development of field testing and demonstration programs for the treatment of narcotic addiction, (B) for the development of specialized training programs or materials relating to the provision of public health services for the treatment of narcotic addiction, or the development of in-service training or short-

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term or refresher courses with respect to the provision of such services, (C) for training personnel to operate, supervise, and administer such services, and (D) for the conducting of surveys evaluating the adequacy of the programs for the treatment of narcotic addiction within the several States with a view to determining ways and means of improving, extending, and expanding such programs; and (2) to enter into jointly financed cooperative arrangements with State and local governments and public and private organizations and institutions with a view toward the developing, constructing, operating, staffing, and maintaining of treatment centers and facilities (including posthospitalization treatment centers and facilities) for narcotic addicts within the States. (b) Payments under this section may be made in advance or by way of reimbursement, as determined by the Surgeon General, and shall be made on such conditions as the Surgeon General determines to be necessary to carry out the purposes of this title. (c) The Surgeon General is authorized to issue appropriate rules and regulations to carry out the provisions of this title. TITLE V — S E N T E N C I N G A F T E E C O N VI C T I O N FOR VIOLATION OF L A W R E L A T I N G TO N A R C O T I C D R U G S OR MARIHUANA SEC. 501. Section 7237(d) of the Internal Revenue Code of 1954, as amended, is amended to read as follows: "(d)

No

SUSPENSION OF SENTENCE; No

^o sta^ 568^

PROBATION; ETC.—Upon

conviction— "(1) of any offense the penalty for which is provided in subsection (b) of this section, subsection (c), (h), or (i) of section 2 of the Narcotic Drugs Import, and Export Act, as amended, or ^^'^^ ^*^** ^^°' such Act of July 11, 1941, as amended, or 21 USC 174, i76a, " (2) of any offense the penalty for which is provided in subsec- i^^b. tion (a) of this section, if it is the offender's second or subsequent ro^stat^ 571.^' offense, 21 USC i84a. the imposition or execution of sentence shall not be suspended, probation shall not be granted and in the case of a violation of a law relating to narcotic drugs, section 4202 of title 18, United States Code, and the ^s stat, iso. Act of July 15, 1932 (47 Stat. 696; D.C. Code 24r-201 and following), as amended, shall not apply." SEC. 502. The Board of Parole is hereby directed to review the sen- ^e^°eZ\fs^n-°^^' tence of any prisoner who, before the enactment of this Act, was made tence^.° ineligible for parole by section 7237(d) of the Internal Revenue Code of 1954, as amended, and who was convicted of a violation of a law relating to marihuana. After conducting such review the Board of Parole may authorize the release of such prisoner on parole pursuant to section 4202 of title 18, United States Code. Action taken by the Board of Parole under this section shall not cause any prisoner to serve a longer term than would be served under his original sentence. TITLE VI—MISCELLANEOUS PROVISIONS SEC. 601. Section 341 of the Public Health Service Act, as amended (42 U.S.C. § 257), is amended to read as follows: "SEC. 341. (a) The Surgeon General is authorized to provide for the confinement, care, protection, treatment, and discipline of persons addicted to the use of habit-forming narcotic drugs who are civilly committed to treatment or convicted of offenses against the United States and sentenced to treatment under the Narcotic Addict Reliabilitation Act of 1966, addicts who are committed to the custody of the

^^'^ ^"'^ "•^^*" "" sT Stat. 698; ^^ Stat. so; ^° ^'^*' ^^^'

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 1450 64 Stat. 1085. 18 USC 5005S026.

PUBLIC LAW 89-793-NOV. 8, 1966

[80 STAT.

Attorney General pursuant to the provisions of the Federal Youth Corrections Act (chapter 402 of title 18 of the United States Code), addicts who voluntarily submit themselves for treatment, and addicts convicted of offenses against the United States and who are not sentenced to treatment under the Narcotic Addict Rehabilitation Act of 1966, including persons convicted by general courts-martial and consular courts. Such care and treatment shall be provided at hospitals of the Service especially equipped for the accommodation of such patients or elsewhere where authorized under other provisions of law, and shall be designed to rehabilitate such persons, to restore them to health, and, where necessary, to train them to be self-supporting and self-reliant; but nothing in this section or in this part shall be construed to limit the authority of the Surgeon General under other provisions of law to provide for the conditional release of patients and for aftercare under supervision. " (b) Upon the admittance to, and departure from, a hospital of the Service of a person who voluntarily submitted himself for treatment pursuant to the provisions of this section, and who at the time of his admittance to such hospital was a resident of the District of Columbia, the Surgeon General shall furnish to the Commissioners of the District of Columbia or their designated agent, the name, address, and such other pertinent information as may be useful in the rehabilitation to society of such person." SEC. 602. The Surgeon General and the Attorney General are authorized to give representatives of States and local subdivisions thereof the benefit of their experience in the care, treatment, and rehabilitation of narcotic addicts so that each State may be encouraged to provide adequate facilities and personnel for the care and treatment of narcotic addicts in its jurisdiction. SEC. 603. The table of contents to "PART III.—PRISONS AND PRISONERS" of title 18, United States Code, is amended by inserting after 4241"
 * '313. Mental defectives

a new chapter reference as follows: ".'il4. Xarcotic addicts

42."»r'. and the table of contents to "PART VI.—PARTICULAR PROCEKDINstal suits

2710"

a new chapter reference as follows: "175. Civil commitment and rehabilitation of narcotic addicts Separability.

2901".

SEC. 604. I f any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected thereby. Effective dates. SEC. 605. Title I of this Act shall take effect three months after the date of its enactment, and shall apply to any case pending in a district court of the United States in which an appearance has not been made prior to such effective date. Titles II and V of this Act shall take effect three months after the date of its enactment and shall apply to any case pending in any court of the United States in which sentence has not yet been imposed as of such effective date. Title III of this Act shall take effect three months after the date of its enactment. SEC. 606. The provisions of this Act shall be subject to the provisions Post, p. 1610. of Reorganization Plan No. 3 of 1966. Appropriation. SEC. 607. There are authorized to be appropriated such sums as are necessary to carry out the provisions of this Act. Approved November 8, 1966.

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1451

Public Law 89-794 AN ACT To provide for continued progress in the Nation's w a r on poverty.

November 8, 1966 [H. R. 15111]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may of^un^PAm^ndbe cited as the "Economic Opportunity Amendments of 1966". ments of 1966. AUTHORIZATrOlSr OF APPROPRIATIONS

SEC. 2. (a) For purposes of carrying out the Economic Opportunity Stat. 508. Act of 1964 (other than part C of title I thereof) there is hereby 78 USC 2701 42 authorized to be appropriated for the fiscal year ending June 30, 1967, no't'e the sum of— (1) $696,000,000 for carrying out title I, (2) $846,000,000 for carrying out title II, (3) $57,000,000 for carrying out title III, (4) $5,000,000 for carrying out section 402(b), (5) $100,000,000 for carrying out title V, (6) $15,000,000 for carrying out title VI, Post, p. 1472. (7) $31,000,000 for carrying out title VIII. (b)(1) Of the sums a v a i l ^ l e for carrying out title I of the Economic Opportunity Act of 1964 (other than part C thereof) in the fiscal year ending June 30, 1967, $211,000,000 is authorized for carrying out part A thereof, $410,000,000 is authorized for carrying out part B thereof, and $75,000,000 is authorized for carrying out part D thereof. (2) Of the sums available for.carrying out title II of such Act in the fiscal year ending June 30, 1967, $36,500,000 is authorized for carrying out section 205(d); $36,500,000 is authorized for carrying out section 206(e); $8,000,000 is authorized for carrying out section 206(b); $352,000,000 is authorized for carrying cut section 211-1 (a); $22,000,000 is authorized for carrying out section 211-1 (b); $61,000,000 is authorized for carrying out section 211-2; $7,000,000 is authorized for carrying out section 211-3; $323,000,000 is authorized for carrying out programs for which authorizations are not provided in the preceding clauses of this paragraph. TITLE I—AMENDMENTS TO TITLE I O F THE ACT JOB CORPS—STUDIES TO BE PROPERTY OF UNITED STATES

SEC. 101. (a) Section 103(a) of the Economic Opportunity Act of 1964 (hereinafter referred to as "the Act") is amended by inserting before the semicolon at the end thereof the following: ": 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) Section 103(b) of the Act is amended hj striking out "with reduced federal expenditures" and inserting in lieu thereof "at comparable costs". JOB CORPS

HIGH SCHOOL EQUIVALENCY CERTIFICATES

SEC. 102. Section 103(b) of the Act is amended by inserting before the semicolon at the end thereof the following: ": Provided, That such arrangements for education and training of enrollees in the Corps

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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;". J O B C O R P S — N U M B E R OF W O M E N I N THE CORPS

42 USC m 4

^^^- ^^^- Section 104 of the Act is amended by adding at the end thereof the following new 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." J O B C O R P S — MAXIMUM CAPACITY OF J O B CORPS CAMPS A N D CENTERS

SEC. 104. Section 104 of the Act is amended by adding at the end thereof (after the subsection added by section 103) the following: " (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." J O B CORPS

MAXIMUM P E R M I S S I B L E COST PER ENROLLEE I N CENTERS

SEC, 105. Section 104 of the Act is amended by adding at the end thereof (after the subsection added by section 104) the following: " (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 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." J O B CORPS

COMMUNITY

ACTIVITY

SEC. 106. Section 104 of the Act is amended by adding at the end thereof (after the subsection added by section 105) the following: "^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." J O B CORPS

ENROLLEE

ASSIGNMENT

SEC. 107. Section 104 of the Act is amended by adding at the end thereof (after the subsection added by section 106) the following: "(i) 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."

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JOB C O R P S — F O L L O W - U P INFORMATION

SEC. 108. Section 104 of the Act is amended by adding at the end thereof (after the subsection added by section 107) the following: " (j) 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." J O B CORPS—^APPLICAIION

OF FEDERAL

EMPLOYEES'

C O M P E N S A T I O N ACT

SEC. 109. Section 106(c)(2)(B) of the Act is amended by striking out "$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". JOB C O R P S

JJ sm. SOQ^

^2 USC 2716.

STANDARDS OF CONDUCT

SEC. 110. Part A of title I of the Act is amended by adding at the 27'*2o"^^ ^^^^" end thereof the following: "STANDARDS OF CONDUCT

"SEC. 111. (a) Within Job Corps camps and centers, standards of conduct and de{)ortment shall be provided and stringently enforced. In the case of violations committed by enrollees, dismissals from the Corps or transfers to other locations shall be made in every instance where it is determined that retention in the Corps, or in the particular Job Corps camp or center, will jeopardize the enforcement of such standards of conduct and deportment or diminish the opportunity of other enrollees. " (b) I n order to promote the proper moral and disciplinary conditions in Job Corps conservation camps and training centers, the individual directors of Job Corps camps and centers shall be given full authority to take appropriate disciplinary measures against enrollees including, but not limited to, dismissal from the Job Corps, subject to expeditious appeal procedures to higher authority, as provided under regulation set by the Director. " (c) The Director shall establish appropriate procedures to insure that the transfer of Job Corps enrollees from State or local jurisdiction shall in no way violate parole or probationary procedures of the State. I n the event procedures have been established under which the enrollment of a youth subject to parole or probationary jurisdiction is acceptable to appropriate State authorities, the Director shall make provisions for regular supervision of the enrollee and for reports to such State authorities to conform with the appropriate parole and probationary requirements in such State." 65-300 0-67—94

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PUBLIC LAW 89-794-NOV. 8, 1966 JOB CORPS

78 Stat. 508. s/q^ ^'

EXPERIMENTAL AND DEMONSTRATION PROJECTS

SEC. 111. Part A of title I of the Act is amended by adding at the end thereof the following new section: "EXPERIMENTAL

Report to Congress

[80 STAT.

A N D D E M O N S T R A T I O N PROJECTS

"SEC. 111-1. The Director shall arrange, through grants or contracts, for the carrying out of experimental and demonstration projects (of which not to exceed four may involve the construction of new camps or centers) providing youth employment and training on a combined residential and nonresidential basis. Such projects may involve the use of resources or authority under both this part and part B of this title, pursuant to agreements with the Secretary of Labor where funds under part B of this title are so used, and the Director is authorized to waive any provision of such parts which he finds would prevent the carrying out of elements of such projects essential to a determination and demonstration of their feasibility and usefulness. The DlrectoT shall report to the Congress a full description of actions taken and progress made under this section no later than March 1, 1968." WORK TRAINING PROGRAMS—REVISION OF THE PROGRAM

42 USC 2731-

SEC. 112. (a) Sections 111, 112, and 113 of Part B of title I of the Act are amended to read as follows:

2733. U

NEIGHBORHOOD YOUTH CORPS

"SEC. 112. (a) The Director shall formulate and carry out— "(1) programs to provide part-time employment, on-the-job training, and useful work experience for students from lowincome families who are in the ninth through twelfth grades of school (or are of an age equivalent to that of students in such grades) who are in need of the earnings to permit them to resume or maintain attendance in school, and " (2) programs to provide unemployed individuals useful work experience and on-the-job training, combined where needed with educational and training assistance, including basic literacy and occupational training designed to assist the individuals to develop their maximum occupational potential. Enrollment shall be limited to individuals aged sixteen through twenty-one years. " (b) In determining for purposes of paragraph (1) of subsection (a) whether a student is from a low-income family, the Director shall consider a student to be from such a family if the family receives cash welfare payments. " F I N A N C I A L ASSISTANCE

"SEC. 113. (a) The Director is authorized to enter into agreements providing for the payment by him of part or all of the cost of a program submitted under section 112 if he determines, in accordance with such regulations as he may prescribe, that— "(1) enrollees will be employed either (A) on publicly owned and operated facilities or projects, or (B) on local projects sponsored by private organizations; " (2) no enrollees 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;

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"(3) the program will not result in the displacement of employed workers or impair existing contracts for services; and " (4) the rates of pay for time spent in work, training or education and other conditions of employment will be appropriate and reasonable in the light of such factors as the type of work performed, geographical region, and proficiency of the employee. " (b) I n approving on-the-job training projects with other than public or private nonprofit organizations, the Director is authorized to enter into agreements to jpay reasonable training costs but not wages paid to enrollees for services performed. "(c) I n approving projects under this part, the Director shall give priority to projects with high training potential and high potential for contributing to the upward mobility of the trainee." (b) Section 114 (aj of the Act is amended by striking out "Participation" and inserting in lieu thereof "Enrollment" and by striking out "who have attained age sixteen but have not attained age twentytwo,". (c) Section 114(c) of the Act is amended by striking out "nonprofit". (d) Section 115 of the Act is amended by striking out "paid for the period ending three years after the date of enactment of this Act" and by striking out "and such assistance paid for periods thereafter shall not exceed 50 per centum of such costs,".

1455

J^ J*|^- ^j^^

H use 27^35

SPECIAL IMPACT PROGRAMS

SEC. 113. Title I of the Economic Opportunity Act of 1964 is amended by— (1) striking out the heading of such title and inserting in lieu thereof: "TITLE I—WORK TRAINING A N D WORKS T U D Y P R O G R A M S "; and (2) inserting the following new part immediately following part C: " P A R T D — S P E C I A L IMPACT PROGRAMS

((ESTABLISHMENT or PROGRAMS "SEC. 131. (a) The purpose of this part is to establish special programs which (1) are directed to the solution of the critical problems existing in particular communities and neighborhoods (defined without regard to political or other subdivisions or boundaries) within those urban areas of the Nation having, in the judgment of the Director, especially large concentrations of low-income persons; (2) are of sufficient size and scope to have an appreciable impact in such communities and neighborhoods in arresting tendencies toward dependency, chronic unemployment, and rising community tensions; and (3) where feasible and appropriate, are part of a city wide plan for the reorganization of local or State agencies in order to coordinate effectively all relevant programs of social development. " (b) I n order to carry out the purposes of this part, the Director is authorized to make grants to public or private nonprofit organizations, or to enter into contracts with other private organizations, for the payment of all or part of the cost of programs described in sections 205(d) and (e) of this Act. The Director shall assure that the work training

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78 Stat. 516. 2791.

PUBLIC LAW 89-794-NOV. 8, 1966

[80 STAT.

and employment opportunities created under these special programs are filled by the residents of the communities or neighborhoods served, and that the activities pursued are carried out in the communities and neighborhoods described in subsection (a). For the purposes of this section, the Director may include youths aged sixteen to twenty-one who are unemployed, underemployed, or below the poverty level as established for the programs described in sections 205(d) and (e), "(c) The Director shall establish such criteria, and impose such conditions, as may be necessary or appropriate to assure that no program assistance under this part will result in the displacement of employed workers or impair existing contracts for services and to assure that 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 region, and proficiency of the employee. " (d) I n carrying out the provisions of this part, the Director shall establish such procedures or impose such requirements as may be necessary or appropriate to assure maximum coordination with community action programs approved pursuant to part A of title II of this Act. Ur E D E R A L SHARE OF PROGRAM COSTS

"SEC. 132. Federal grants to any program carried out pursuant to this part shall not exceed 90 per centum of the cost of such program, including costs of administration, unless the Director determines, pursuant to regulations adopted and promulgated by him establishing objective criteria for such determinations, that assistance in excess of such percentages is required in furtherance of the purposes of this part. Non-Federal contributions may be in cash or in kind, fairly evaluated, including but not limited to plant, equipment, and services: Provided. That where capital investment is required under a contract with a private organization (other than a nonprofit organization), the Federal share thereof shall not exceed 90 per centum of such capital investment and the non-Federal share shall be as defined above." •TITLE I PROGRAMS—DURATION; LIMITATION ON USE OF FUNDS

SEC. 114. Part D of title I of the Act is amended to read as follows: " P A R T E — D U R A T I O N OF PROGRAM

"SEC. 141. The Director shall carry out the programs for which he is responsible under this title during the fiscal year ending June 30, 1967, and th^ three succeeding fiscal years. For each such fiscal year only such sums may be appropriated as the Congress may authorize by law." TITLE II—AMENDMENTS TO TITLE II O F THE ACT COMMUNITY ACTION

42 USC 2782.

DEFINITION OF " COMMUNITY "

gj,^, 201. Section 202(a)(1) of the Act is amended by inserting "in an attack on poverty" after "utilizes", and by striking out "in an attack on poverty" and inserting in lieu thereof "or any neighborhood or other area (irrespective of boundaries or political subdivisions) which is sufficiently liomogeneous in character to be an appropriate area for an attack on poverty under this part;".

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COMMUNITY ACTION — C R I T E R I A FOR APPROVAL PROGRAMS

SEC. 202. Section 202(b) of the Act is amended by adding at the end thereof a new sentence to read as follows: "Such criteria shall include requirements to assure (1) that each agency responsible for a community action program is qualified to administer such program and the funds granted to it efficiently, effectively, and in a manner fully consistent with the provisions and purposes of this part, having due regard for the size and complexity of such program and the number of persons and size of the area served; (2) that each such agency is subject to evaluation of program progress and regular or periodic audits and that the results or findings of such evaluations and audits are considered by the agency as well as by the Director in connection with proposals or applications for the renewal, expansion, or modification of any such program; (3) that each such agency maintains records and internal controls needed to achieve and document compliance with all legal requirements and that all records bearing exclusively on grants made under this part are available to the General Accounting Office; (4) that each such program is carried on in accordance with standards and policies, including rules governing the conduct of officers and employees, to preclude the use of program funds, the provision of services, or the employment or assignment of personnel in a manner supporting, or resulting in an identification of such program with, any partisan political activity or any activity designed to further the election or defeat of any candidate for public office; and (5) that the personnel of each such agency are selected, employed, promoted, and compensated in accordance with standards prescribed by the Director, or personnel plans approved by him, as promoting efficiency and the effective use of funds." COMMUNITY

ACTION — REPRESENTATIVES OF THE

POOR

SEC. 203. Section 202 of the Act is amended by adding at the end thereof the following new subsections: "(c)(1) The Director shall not approve, or continue to fund after March 1, 1967, a community action program which is conducted, administered, or coordinated by a board which contains representatives of various geographical areas in the community unless such representatives are required to live in the area they represent. "(2) The Director shall not approve, or continue to fund after March 1, 1967, a community action program which is conducted, administered, or coordinated by a board on which representatives of the poor do not comprise at least one-third of the membership. "(3) The representatives of the poor shall be selected by the residents in areas of concentration of poverty, with special emphasis on participation by the residents of the area who are poor. "(4) In communities where substantial numbers of the poor reside outside of areas of concentration of poverty, provision shall be made for selection of representatives of such poor through a process, such as neighborhood meetings, in which the poor participate to the greatest possible degree. " (d) The Director shall require community action agencies to establish procedures under which representative groups of the poor including but not limited to minority groups, the elderly, and the rural population, which feel themselves inadequately represented on their community action agency policy board, may petition for adequate representation on such board."

78 Stat. 516. 42 USC 2782.

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12 USC 2V83

ACTION

USE

OP LATEST

DATA

IN

42 USC 2788.

LIMITS

SEC. 205. Section 205(a) of the Act is amended by adding at the end thereof the following new sentence: "The Director shall require that where an agency pays an employee engaged in carrying out a community action program at a rate in excess of $15,000 per annum, payment of such excess shall not be made from Federal funds; and any amount paid such an employee in excess of $15,000 per annum shall J^Q^ j^g cousidered in determining whether section 208(a) has been complied with." COMMUNITY ACTION

79 Stat. 974.

ALLOTMENTS

^^^' ^^^- Section 203(b) of the Act is amended (1) by inserting after "State" the second time it appears in paragraph (1) the following " ( a s determined on the basis of the latest appropriate d a t a) ", (2) by inserting after "States" the second time it appears in such paragraph the following "(as so determined)", (3) by inserting after "State" the second time it appears in paragraph (2) the following " (as determined on the basis of the latest appropriate d a t a) ", and (4) by inserting after "States" the second time it appears in paragraph (2) the following " (as so determined)". COMMUNITY ACTION—SALARY

42 USC 2785.

MAKING

[80 STAT.

ADULT WORK TRAINING AND EMPLOYMENT PROGRAMS

s^gc. 206. (a) Section 205 of the Act is amended by redesignating subsection (e) as subsection (f) and by inserting immediately following subsection (d) the following new subsection: "(e) The Director is authorized to make grants or enter into agreements with any State or local agency or private organization to pay all or part of the costs of adult work training and employment programs for unemployed or low-income persons involving activities designed to improve the physical, social, economic or cultural condition of the community or area served in fields including, but not limited to, health, education, welfare, neighborhood redevelopment, and public safety. Such programs shall (1) assist in developing entry level employment opportunities, (2) provide maximum prospects for advancement and continued employment without Federal assistance, and (3) be combined with necessary educational, training, counseling, and transportation assistance, and such other supportive services as may be needed. Such work experience shall be combined, where needed, with educational and training assistance, including basic literacy and occupational training. Such program shall be conducted in a manner 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." COMMUNITY ACTION

USE OF PUBLIC FACILITIES

SEC. 207. Section 205(f) of the Act (as so redesignated by section 206) is amended by inserting before the period at the end thereof the following: "and to programs which make the maximum utilization of existing schools, community centers, settlement houses, and other facilities during times they are not in use for their primary purpose".

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COMMUNITY ACTION—^FUNDING INDEPENDENT PROGRAMS; I N SPONSORING ORGANIZATIONS

1459 MEMBERSHIP

78 Stat. 518. SEC. 208. Section 205 of the Act is amended by adding at the end 42 USC 2785. thereof the following new subsections: " (g) The Director shall carry out this part in such a manner as to insure that funds available for carrying out this part (other than those available for carrying out subsections (d) and (e) of this section, '^"'^' P- ^"^^^ and sections 206(b), 211-1 (a), 211-1 (b), 211-2 and 211-3) at least °^ P- ^^^ 5 per centum will be used for carrying out independently funded community action programs (other than programs described in subsections (d) and (e) of this section, and sections 206(b), 211-1 (a), 211-1 (b), 211-2 and 211-3) which are carried on in communities in which there is being carried on concurrently a community action program for which an overall community action agency assumes responsibility for planning, developing, and coordinating communitywide antipoverty programs and provides for the involvement and participation of public and private nonprofit agencies. In addition the Director may use an additional 5 per centum of such funds for carrying out such programs. For purposes of this subsection, a program will be deemed to be independently funded if the grantee is one that develops, and is funded to operate only, programs which are of limited scope and which does not have broad comprehensive community representation on its policymaking board, whether or not the grantee sponsors one or several component programs. " (h) The Director shall make grants to, or contracts with, independently funded public and private nonprofit agencies and organizations in predominantly rural areas in accordance with sections 210 and '^^ "^^ ^^^^ 617, where the Director determines it is not feasible, within a reason- ^^?,*;?*• ^^^^ able period of time, to establish community action agencies. " (i) I f projects are of a regional nature and can be more efficiently operated on this basis, the Director may make grants to, or contract with, independently funded, public and private nonprofit agencies and organizations for the conduct and administration of such projects. " (j) No officer or employee of the Office of Economic Opportunity shall be an executive officer or a member of the board of directors of any organization (other than a religious organization) with which the Director has entered into a contract under this section to carry out a community action program or a component program thereof." COMMUNITY ACTION—FISCAL RESPONSIBILITY AND ACCOUNTING

SEC. 209. Section 205 of the Act is amended by inserting at the end thereof (after the subsections added by section 208) the following: " (k) No funds shall be released to any public or private nonprofit agency, or combination thereof, under this section unless the grantee organization has submitted to the Director either— "(1) a statement from the appropriate public financial officer of the community or of the public agency which will maintain the accounts of the grantee, stating that such officer accepts responsibility for providing financial services adequate to insure the establishment and maintenance of an accounting system by such agency and its delegate agencies, with internal controls adequate to safeguard the assets of such agencies, check the accuracy and reliability of accounting data, promote operational efficiency and encourage adherence to prescribed management policies; or

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"(2) an opinion from a Certified Public Accountant or a duly licensed public accountant stating that the grantee has established such an accounting system." "(1)(1) The Director shall make or cause to be made a preliminary audit survey within 3 months after the effective date of a grant or contract with any public or private nonprofit agency, or combination thereof, under this section to review and evaluate the adeq^uacy of the grantee organization's and its delegate agencies' accounting systems and internal controls. "(2) Within 30 days of the completion of such survey, the Director shall determine on the basis of the findings and conclusions resulting from such survey whether the accounting systems of the grantee organization and its delegate agencies meet the standards set forth in subsections (k)(1) and (k)(2). If he shall determine that the standards have not been met, he shall immediately notify the grantee organization of his determination and he shall consider whether suspension of further payment of Federal funds under the subject grant is warranted. " (3) In the event of suspension of any grant funds pursuant to subsection (1)(2), the affected agency shall oe given not more than six months from the date of notice of suspension in which to establish, with the advice of Office of Economic Opportunity auditors, the procedures prescribed in subsection (k). A new audit shall be performed within this period and if, by the end of this period, the Director is still unable to determine that the accounting system meets the required standards he shall terminate the contract or grant. " (m) The Director shall establish such rules and regulations as may be recjuired to insure that public or private nonprofit agencies, or combinations thereof, maintain the standards of accounting set forth in sections 205(k)(1) and (2) during the period of any grant or contract under this section." COMMUNITY ACTION—^PAYMENT OF ALLOWANCES FOR ATTENDANCE AT MEETINGS

42 USC 2785.

gjjc. 210. Section 205 of the Act is amended by inserting at the end thereof (after the subsections inserted by section 209) the follow" (n) I n extending assistance under this section the Director is authorized to make grants for the payment of a reasonable allowance per meeting for attendance at community action agency board meetings or neighborhood community action council or committee meetings and for the reimbursement of other necessary expenses of attendance at such meetings to members of such boards, councils, or committees who are residents of the areas and members of the groups served in order to insure and encourage their max'mum feasible participation in the development, conduct, and administration oi community action prograihs: Provided, however, That no such payments shall be made for attendance at more than two meetings in a month, or to any person who is an employee of the United States Government, of a community action agency, or of a State or local governmental agency." COMMUNITY

ACTION

FAMILY

PLANNING

SERVICES

SKC. 211, Section 205 of the Act is amended by inserting at the end thereof (after the subsection added by section 210) the following: " (o)(1) In making grants for programs in the field of family planning the Director shall assure that family planning services, including

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the dissemination of family planning information and medical assistance and supplies, are made available to all individuals who meet the criteria for eligibility for assistance under this part which have been established by the community action agency and who desire such information, assistance, or supplies. '•'(2) No such grant shall be approved unless it contains and is supported by reasonable assurances that in carrying out any program assisted by any such grant, the applicant will establish and follow procedures designed to insure that— " (A) no individual will be provided with any information, medical supervision or supplies which such individual states to be inconsistent with his or her moral, philosophical, or religious beliefs; and " (B) no individual will be provided with any medical supervision or supplies unless such individual has voluntarily requested such medical supervision or supplies, " (3) The use of family planning services provided by the applicant under such grant shall not be a prerequisite to the receipt of services from or participation in any other programs under this Act." COMMUNITY ACTION

TECHNICAL ASSISTANCPl, TRAINING, AND EMERGENCY LOANS

SEC. 212. (a) Section 206 of the Act is amended to read as follows:

^s Stat. sis.

42 USC 2786.

" T E C H N I C A L A S S I S T A N C E, TRAINING, AND EMERGENCY LOANS ' 5

•

"SEC. 206. (a) The Director is authorized to provide, either directly or through grants or other arrangements, (1) technical assistance to communities in developing, conducting, and administering community action programs, and (2) training for specialized or other personnel needed to develop, conduct, or administer such programs or to provide services or other assistance in connection with such programs or otherwise pertaining to the purposes of this part. The Director may, upon request of a grantee under this section, or sections 204,205, or 209(b), make special assignments of personnel to the grantee to assist and advise m the performance of functions related to the purposes of this part, except that in no event shall more than one hundred persons be employed for, or at any one time regularly engaged in, such assignments, nor shall any such special assignment be for a period of more than two years in the case of any grantee. " (b) The Director shall also formulate and c any out a program for making small loans to persons in low-income families to meet immediate and urgent family needs. The total outstanding balance of loans made to an individual under this subsection may not at any time exceed $300. Loans under this subsection shall bear interest at the rate of 2 per centum per annum and shall be made on such other terms and conditions as the Director may prescribe."

^2 USC 2784,

COMMUNITY ACTION—RESEARCH AND DEMONSTRATIONS

SEC. 213. Section 207 of the Act is amended by striking out ", training,", by striking out "15 per centum" and inserting "5 per centum", and by adding at the end thereof the following: "No grant or contract for a research or demonstration project shall be made under this section after January 1, 1967, except pursuant to an overall plan setting forth specific objectives to be achieved under this section and setting forth priorities among such objectives. Such plan, to the extent it contemplates activities or programs that may be undertaken by other

42 USC 2787.

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[80 STAT.

Federal agencies or the making of grants or contracts that might be made by other Federal agencies having demonstration and research responsibilities, shall be approved by the Director only after consultation with such agencies. The Director shall include as part of the annual report required by section 608, or as a separate and simultaneous report, a description of the principal research and demonstration activities undertaken during each fiscal year under this part, a statement indicating the relation of such activities to the plan and the policies of this Act, and a statement with respect to each such category, describing the results or findings of such research and demonstration activities, or indicating the time or period, and to the extent possible the manner, in which the benefits or expected benefits of such activities will or are expected to be realized. The Director shall require that all applications or proposals for research or demonstrations shall be filed simultaneously in the appropriate regional office of the Office of Economic Opportunity, and shall require such offices to review and make recommendations with respect thereto within fifteen days from the date of filing.-' COMMUNITY ACTION — L I M I T A T I O N S ON

79^813^*97^^' 42 USC 27*88.

ASSISTANCE

^^^' ^"^^' S^^tion 208(a) of the Act is amended by striking out "three years after the date of enactment of this Act" and inserting in lieu thereof "June 30, 1967", and by striking out "50 per centum" and inserting in lieu thereof "80 per centum". COMMUNITY ACTION

HEADSTART A N D LEGAL SERVICES PROGRAMS

42 USC 2781 et gjjc. 215. Title II of the Act is amended by inserting after section 211 the following new section: uHEADSTART A N D LEGAL SERVICES PROGRAMS

"SEC, 211-1. (a) I n carrying out sections 204 and 205, the Director shall carry out programs eligible for assistance under such sections which assist young children who have not reached the age of compulsory school attendance and which include (1) the furnishing of such comprehensive health, nutritional, social, educational, and mental health services as the Director finds will aid such children to attain their greatest potential, (2) the provision of appropriate activities to encourage the participation of parents of such children and the effective use of their services, and (3) such other training, technical assistance, evaluation, and follow-through activities as may be necessary or appropriate. " (b) I n carrying out sections 204 and 205, the Director shall carry out programs eligible for assistance under such sections, which provide legal advice and legal representation to persons when they are unable to afford the services of a private attorney, together with legal research and information as appropriate to mobilize the assistance of lawyers or legal institutions, or combinations thereof, to further the cause of justice among persons living in poverty: Provided, That the Director shall establish procedures to assure that the principal local bar associations in the area to be served by any proposed program of legal advice and representation are afforded an adequate opportunity to review the proposed program and to submit comments and recommendations thereon before such program is approved or funded."

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IlKALTFT SERVICES

SEC. 216. Part A of title II of the Act is amended by addiirn- at the end thereot the lollowing ne^x section:

78 Stat. sie

42 USC 2781 et seq.

 * ' C O M P R E H E N S IV E H E A L T H SERVICES PRCXJRAMS

"SEC. 211-2. (a) The Director is authorized to make grants to, or to contract with, public or private nonprofit agencies in ordei- to provide assistance necessary for the development and implementation of (comprehensive health services programs focused upon the needs of l)ersons residing in urban or I'ural areas having higli concentrations of poverty and a marked inadequacy of health services. Such programs shall be designed— "(1) to make possible, with maximum feasible utilization of existing agencies and resources, the provision of comprehensive health services, including but not limited to preventive medical, diagnostic, treatment, rehabilitation, mental health, dental, and follow-up services, together with facilities and rehabilitation necessary in connection therewith; and "(2) to assure that such services are made readily accessible to the residents of such areas, are furnished in a manner most responsive to their needs and with their participation, and wherever possible are combined with, or included within arrangements for providing, employment, education, social, or other assistance needed by the families and individuals served. Before approving any program under this section, the Director shall consult with appropriate Federal, State, and local health agencies and take such steps, or impose such conditions, as may be required to make certain that the program will be carried on under competent professional supervision and that existing agencies providing services related to this section are furnished with all assistance necessary or appropriate in order to permit them to plan for participation in such program and for the necessary continuation of such services. " (b) In carrying out this section, the Director shall formulate and carry out programs for the prevention of narcotic addiction and the rehabilitation of narcotic addicts. Such programs shall include provisions for the detoxification, guidance, training, and job placement of narcotic addicts. "(c) The Director, either separately or as part of the annual report Report to conrequired under section 608, shall submit at least annually to the Con- ^'^42^130 2948. gress a comprehensive statement describing the actions taken and progress made under this section and all other provisions of this Act in meeting the needs of the poor for expanded and improved health services. The Director shall also provide for studies of the nature and characteristics of health problems particularly significant to lowincome persons. " (d) The Director is authorized, after consultation with the Secretary of Health, Education, and Welfare, to secure (by grant or contract) objective studies of the overall operation of the programs authorized under this section, including their relationship to and impact on the adequacy and availability of all relevant programs and services for meeting total health needs. Reports of such studies, ^„^f^J""iV° ^"^^.ff" together with such comments and recommendations as the Director dent and C p n g r e s s. and the Secretary of Health, Education, and Welfare may care to offer, shall be submitted to the President and the Congress."

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[80 STAT.

Am LT BASrc EDUCATIOX 78 Stat. 516. . ^^v,., X 42 USC 2781 et ^.

se'qt """ " ° ' "'

'^^''^^ • -^^^' ^ i^l*" ^1 '^^^ •l'^' -^*'t is amended by adding- ai the end thereof (after the sectioM added by section 21(5) the followiiio- new section: "SPECIAL PRU.IKO'J'S ON ADUI-T BASIC EDUCATION

The Directov is authorized to make grants to local educational agencies and to other public or private nonprofit agencies for the purpose of special projects in the field of adult basic education for low-income individuals over eighteen years of age whose lack of basic educational skills constitutes a substantial impairment of their ability to get or retain employment commensurate with their real ability. Such projects shall— "(1) involve the use of innovative methods, systems, materials, or programs which the Director determines may have national significance or be of special value in promoting effective programs under this title, "(2) involve activities in adult basic education which the Director determines are so coupled with other Federal, federally assisted. State, or local programs, as to have unusual promise in promoting a comprehensive or coordinated approach to the problems of low-income individuals with basic educational deficiencies, or "(3) show promise of enabling persojis receiving welfare payments or other forms of public assistance to obtain employment which will permit discontinuance of such assistance." ' ' SEC. 211-;3.

TITLE n PROGRAMS—DURATION

.SEC. 218. Part D of title II of the Act is amended to read as follows: " P A R T D—DURATION OF PROGRAM

"SEC. 221. The Director shall carry out the programs provided for in this title during the fiscal year ending June 30, 1967, and the three succeeding fiscal years. For each such fiscal year only such sums may be appis-opriated as the Congress may authorize by law, TITLE III — AMENDMENTS TO TITLE III O F THE ACT R U R A L AREAS—LOAN AUTHORITY AND INDEMNITY PAYMENTS 42 USC 2851.

SEC. 301. (a) Section 302(a) of the Act is amended by striking out "exceeding $2,500 in the aggregate" and inserting in lieu thereof "resulting in an aggregate indebtedness of more than $3,500 at any one time". (b) Section 305(f) of the Act is amended by— (1) inserting " (1) " immediately after '"'• Provided, That "; and (2) inserting immediately before the period at the end thereof a semicolon and the following: "and (2) a cooperative organization formed by and consisting of members of an Indian tribe (including any tribe with whom the special Federal relationship with Indians has been terminated) engaged in the production of agricultural commodities, or in manufacturing products, on an Indian reservation (or former reservation in the case of tribes with whom the special Federal relationship with Indians has been

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terminated) shall not be regarded as a cooperative organization within the purview of this clause". (c) Section 831(c) of the Act is amended by striking out ''June 80, yJl^H^^gy^^^' 11)66" and inserting in lieu thereof "June 80, 1967". 42 USC 2881. •JITLK n i J'ROORAMS

DURATION

SEC. 802. Part C of title III of the Act is amended ro read as follows:

^2 USC 287i.

"PART C—DURATION OF PRO(}RAM

"SEC. 821. The Director shall carry out the programs provided for in this title during the fiscal year ending June 80, 1967, and the three succeeding fiscal years. For each such fiscal year only such sums may be appropriated as the Congress may authorize by law." TITLE IV—AMENDMENTS TO TITLE IV O F THE ACT 42 s e 2902, SEC. 401. Sections 402, 405, and 406 of the Act are amended by 2905,u2906. striking out "Director" where it appears in such sections and inserting in lieu thereof "Administrator of the Small Business Administration". SEC. 402. (a) Section 402 of the Act is hereby redesignated section 402(a) and there is added at the end thereof a new subsection (b) as follows: " (b) The Director is authorized to make grants to, or contract with, public or private nonprofit agencies, or combinations thereof, to pay all or part of the costs necessary to enable such agencies to provide screening, counseling, management guidance, or similar assistance with respect to persons or small business concerns which receive or may be eligible for assistance under subsection (a). Financial assistance under this subsection shall be subject to the provisions of section 208 42 USC 2788. of this Act.". Repeal. SEC. 403. Sections 403 and 404 of the Act are hereby repealed. 42 USC 2903, SEC. 404. Section 407 of the Act is amended to read as follows: 2904.

42 USC 2907.

"DURATION OF PROGRAM

"SEC. 407. The Administrator of the Small Business Administration shall carry out the programs provided for in this title during the fiscal year ending June 30, 1967, and the three succeeding fiscal years." SEC. 405. Section 402 of the Act is amended by inserting " (a) " after "SEC. 402." and by adding at the end thereof the following new subsection: " (b) To the extent necessary or appropriate to carry out the programs provided for in this title the Administrator of the Small Business Administration shall have the same powers as are conferred upon the Director by section 602 of this Act." SEC. 4(36. Sections 405, 406, and 407 of the Act, as amended by these Economic Opportunity Amendments of 1966, are respectively renumbered as sections 403, 404, and 405 of the Act. SEC. 407. Section 606 of the Act is amended by striking out "and IV " where it appears in subsections (a) and (d) thereof.

Post, p. 1468. 42 USC 2942.

42 USC 2946.

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[80 STAT.

TITLE V—REVISION O F TITLE V O F THE ACT 42 USC 29^212923.

^^^' ^^^' (^) ^^^^^ ^ ^^ ^^^ ^^^ ^^ amended to read as follows: " TITLE V—WORK E X P E R I E N C E A N D T R A I N I N G PROGRAMS a STATEMENT O F PURPOSE

"SEC. 501. I t is the purpose of this title to expand the opportunities for constructive work experience and other needed training available to persons (including workers in farm families with less than $1,200 net family income, unemployed heads of families and other needy persons) who are unable to support themselves or their families. "TRANSFER OF FUNDS

"SEC. 502. I n order to permit the carrying out of work experience and training programs meeting the criteria set forth in part E of title Post, p. 1475. II of the Manpower Development and Training Act of 1962, the Director is authorized to transfer funds to the Secretary of Health, Education, and Welfare to enable him (1) to make payments under 76 Stat. 192. section 1115 of the Social Security Act for experimental, pilot, or demonstration projects which provide pretraming services and basic maintenance, health, family, basic education, day care, counseling, and similar supportive services required for such programs, and (2) to reimburse the Secretary of Labor for carrying out the activities described in such part E of title II of the Manpower Development and Training Act of 1962. Costs of such projects and activities shall, notwithstanding the provisions of the Social Security Act and the Manpower Development and Training Act of 1962, be met entirely from funds appropriated to carry out this title: Provided, That such funds may not be used to assist families and individuals insofar as they are otherwise receiving or eligible to receive assistance or social services through a State plan approved under titles I, IV, X, X IV, 42 USC 301 601, X VI, or X IX of the Social Security Act. 1201, 1351, 1381, 1396.

'

"^

L I M I T A T I O N S ON WORK E X P E R I E N C E A N D T R A I N I N G

42 USC 609^'

PROGRAMS

"SEC. 503. (a) The provisions of paragraphs (1) to (6), inclusive, ^^ section 409 of the Social Security Act, unless otherwise inconsistent with the provisions of this title, shall be applicable with respect to work experience and training programs assisted with funds under this title. The costs of such programs to the United States shall, notwithstanding the provisions of such Act, be met entirely from funds appropriated or allocated to carry out the purpose of this title. "(b) Work experience and training programs shall be so designed that participation of individuals in such programs will not ordinarily exceed 36 months, except that nothing in this subsection shall prevent the provision of necessary and appropriate follow-up services for a reasonable period after an individual has completed work experience and training. "(c) Not more than 121/^ percent 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. I n the case of any work experience and training program approved on or after July 1, 1968, not more than 80

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percent of the costs of projects or activities referred to in section 502 may be paid from funds appropriated or allocated to carry out this title, unless the Secretary of Health, Education, and Welfare determines, pursuant to regulations prescribed by him establishing objective criteria for such determinations, that assistance in excess of such percentage is required in furtherance of the purposes of this title. XonFederal contributions may be in cash or in kind, fairly evaluated, including but not limited to plant, equipment, and services. " D U R A T I O N OF PROGRAMS

"SEC. 504. The Director shall carry out the i^rograms provided for in this title during the fiscal year ending June 30, 1967, and the three succeeding fiscal years. For each such fiscal year only such sums may be appropriated as the Congress may authorize by law. "TRANSITION

"SEC. 505. The Secretary of Labor is authorized to provide work experience and training programs authorized by section 261(a)(3) and (4) of part E of title II of the Manpower Development and Training Act of 1962, commencing July 1, 1967. The Secretary of ^°^'' P- 1^75. Health, Education, and Welfare is authorized to provide such work experience and training programs through June 30, 1967, and may also continue to completion those work experience and training programs commenced prior to that date, but m no event shall such programs be extended beyond June 30, 1968. After June 30, 1967, the Secretary of Health, Education, and Welfare, pursuant to agreement with the Secretary of Labor which shall include provisions for joint evaluation and approval of the training and work experience aspect of each project or program, may also— "(1) with the concurrence of the Secretary of Labor, renew existing projects and programs, or develop and provide new projects or programs, to accomplish the purposes of this title and of part E of title II of the Manpower Development and Training Act of 1962; and "(2) with the concurrence of the Secretary of Labor, develop and provide other work experience and training programs pursuant to such part E, with respect to such projects or parts of projects which the Secretary of Labor is unable to provide after being given notice and a reasonable opportunity to do so. Before July 1, 1967, the Secretary of Health, Education, and Welfare may, for the purposes of this title and part E of title II of the Manpower Development and Training Act of 1962, utilize the services and facilities available under the manpower development and utilization programs administered by the Department of Labor which may include, but not be limited to, testing, counseling, job referral and follow-up services required to assist participants in securing and obtaining employment, training opportunities, either on or off the job, available under the Manpower Development and Training Act of 1962, and relocation assistance to involuntarily unemployed individuals in accordance with the standards prescribed in section 104 of the Manpower Development and Training Act of 1962, and shall compen- ^^ ^*|^- 25i2b sate the Secretary of Labor for the reasonable costs thereof either by advance or reimbursement,"

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[80 STAT.

TITLE VI — AMENDMENTS TO TITLE VI O F THE ACT ELDERLY POOR 78 Stat. 528. 42 USC 2941.

42 USC 2950.

SEC. 601. (a) Section 601(a) of the Act is amended by striking out "three" in the third sentence thereof and inserting in lieu thereof "four". (^) Section 610 of the Act is amended by inserting at the end thereof the following: "The Director shall carry out such investigations and studies, including consultations with appropriate agencies and organizations, as may be necessary (1) to develop programs providing employment opportunities, public service opportunities, and education for the elderly poor under the provisions of this Act, and (2) to determine and recommend to the President and the Congress such programs requiring additional authority and the necessary legislation to provide such authority." LIAISON

42 USC 2942.

BETWEEN

AGENCIES

gj,^. gQ2_ Section 602(d) of the Act is amended by adding immediately before the semicolon at the end thereof the following: "subject to provisions to assure the maximum possible liaison between the Office of Economic Opportunity and such other agencies at all operating levels, which shall include the furnishing of complete operational information by such other agencies to the Onice of Economic Opportunity and the furnishing of such information by such Office to such other agencies". E L I M I N A T I O N OF SPECIAL P R I N T I N G AUTHORITY OF DIRECTOR

SEC. 603. Section 602(m) of the Act is amended to read as follows: " (m) expend funds made available for purposes of this Act— " (1) foi printing and binding, in accordance with applicable law and regulation; and "(2) without regard to any other law or regulation, for rent of buildings and space in buildings and for repair, alteration, and improvement of buildings and space in buildings rented by him; but the Director shall not utilize the authority contained in this subparagraph (2)— " (A) except when necessary to obtain an item, service, or facility, which is required in the proper administration of this Act, and which otherwise could not be obtained, or could not be obtained in the quantity or quality needed, or at the time, in the form, or under the conditions in which, it is needed, and " (B) prior to having given written notification to the Administrator of General Services (if the exercise of such authority would affect an activity which otherwise would be under the jurisdiction of the General Services Administration) of his intention to exercise such authority, the item, service, or facility with respect to which such authority is proposed to be exercised, and the reasons and justifications for the exercise of such authority; and".

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ADMINISTRATION—POLITICAL ACTIVITIES

SEC. 604. Section 603 of the Act is amended to read as follows:

,n^l»^'^n,f^^' yy Stat. 977.

uPOLITICAL ACTIVITIES

42 USC 2943.

"SEC. 603. (a) For purposes of chapter 15 of title 5 of the United States Code any overall community action agency which assumes ^"'^' P- "fo^responsibility for planning, developing, and coordinating communityAvide antipoverty programs and receives assistance under this Act shall be deemed to be a State or local agency; and for purposes of clauses (1) and (2) of section 1502(a) of such title any agency receiving assistance under this Act (other than part C of title I) shall be deemed to be a State or local agency. " (b) The Director, after consultation with the Civil Service Commission, is authorized to issue such regulations or impose such recjuirements as may be necessary or appropriate to supplement the provisions of subsection (a) of this section or otherwise to insure that programs assisted under this Act are not carried on in a manner involving the use of program funds, the provision of services, or the employment or assignment of personnel in a manner supporting, or resulting in the identification of such program with, any partisan political activity or any activity designed to further the election or defeat of any candidate for public office." NATIONAL ADVISORY COUNCIL ON ECONOMIC OPPORTUNITY

SEC. 605. Section 605 of the Act is amended to read as follows:

'»2 USC 2945.

" N A T I O N A L A D VI S O R Y C O U N C I L O N ECONOMIC OPPORTUNITY

"SEC. 605. (a) There is hereby established in the Office a National Advisory Council on Economic Opportunity (hereinafter referred to as the Advisory Council), to be composed of twenty-one members appointed, for staggered terms and without regard to the civil service laws, by the President. Such members shall be representative of the public in general and appropriate fields of endeavor related to the purposes of this Act. The President shall designate the chairman from among such members. The Advisory Council shall meet at the call of the chairman but not less often than four times a year. The Director shall be an ex officio member of the Advisory Council. " (b) The Advisory Council shall— "(1) advise the Director with respect to policy matters arising in the administration of this Act; and "(2) review the effectiveness and the operation of programs under this Act and make recommendations concerning (A) the improvement of such programs, (B) the elimination of duplication of effort, and (C) the coordination of such programs with other Federal programs designed to assist low income individuals and families. Such recommendations shall include such proposals for changes in this Act as the Advisory Council deems appropriate. "(c) The Advisory C^ouncil shall make an annual report of its find- ^ ^^ ", ^ Presif ";* ings and recommendations to the President not later than March 31 dent and Congress. of each calendar year beginning with the calendar year 1967. The President shall transmit each such report to the Congress together with his comments and recommendations." 65-300 0-67—95

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