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Legal Services and the War on Poverty

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Legal Services and the War on Poverty The Catholic Lawyer Volume 13 Number 4 Volume 13, Autumn 1967, Number 4 Article 3 Legal Services and the War on Poverty Follow this and additional works at: https://scholarship.law.stjohns.edu/tcl Part of the Law Commons, and the Public Affairs, Public Policy and Public Administration Commons This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in The Catholic Lawyer by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. LEGAL SERVICES AND THE WAR ON POVERTY* Because of the great importance of the question of extending legal services to the poor and because this question should be of great concern to both lawyer and layman alike, THE CATHOLIC LAWYER, in the Spring 1968 issue, will present a symposium on the major aspects of the movement to provide such services. In this issue, a two-part article is presented in order to provide a background for the reader. Part I presents a digest of the Economic Opportunity Act of 1964 and its significant amendments. Part It deals with the implementation of the statute by the Oflice of Economic Opportunity and the practical workings of a typical neighborhood legal services program. I The United States is the first major nation in history which can look forward to victory over poverty. Our wealth, our income, our technical know-how, and our productive capacity put this goal within our grasp. As a nation, we clearly have the capacity to achieve this victory; what we need now is a com- mitment on the part of the people, the communities, private organizations, and all levels of government. IT]he Congress and the Federal Government are committing this Nation to a war designed to eliminate poverty.' W ITH THIS STATEMENT of ability and commitment, the Congress enacted the Economic Opportunity Act of 1964 1 as the opening shot in the war on poverty in the United States. The mechanism through which the effort was to be channelled was designated as the Office of Economic Opportunity (OEO), created by Title VI of the Act." Its director, to be appointed by the President with the "advice and consent" of the Senate, was given broad powers to effectuate the purposes of the Act. 4 He was * This paper is the result of research undertaken' by the St. Thomas More Institute for Legal Research. 12 U.S. CODE CONG. & AD. NEWS 2900-01 (1964). 278 Stat. 508 (1964), 42 U.S.C. § 2701 (1964). 3 78 Stat. 528 (1964), 42 U.S.C. § 2941 (1964). 478 Stat. 528 (1964), 42 U.S.C. § 2942 (1964). LEGAL SERVICES specifically empowered to bring about the In order to begin solving the problems coordination of the poverty program with of low-income youth, Congress included related federal programs by calling on three programs in the Economic Oppor- other federal agencies for statistics, data tunity Act, the first of which was the and progress reports. Such coordination Job Corps," which was to prepare for was also to be achieved by providing that citizenship and increase the employability other federal agencies cooperate with the of young men and women who meet age Director and carry out their programs in and other requirements through education, such a way as to lend maximum assist- vocational training and work experience ance to the poverty program and by pro- with the added benefits of work in the 0 viding that the President may direct that conservation of natural resources) To other federal programs be carried out in be eligible, the youths need be between conjunction with or in support of such sixteen and twenty-one years of age, per- programs.5 In addition, the head of any manent residents of the United States federal agency administering any federal and file an affirmation of their loyalty program must give preference in assist- to the United States. In addition, en- ance and benefits to any application made rollees in the Corps must comply with pursuant to a community action program the rules and regulations promulgated by under the Act.' The desired coordination the Director and are limited to two 11 of federal efforts was also to be promoted years participation in the Corps. To ef- by the creation of an Economic Oppor- fectuate the purposes of the program, the tunity Council composed of the Director Director is authorized by the Act to of the OEO and, among others, the Sec- enter into agreements with any federal, retaries of Defense, Interior, Agriculture, state, local or private organization to urban and rural Commerce, Labor, Health, Education and establish and operate centers Welfare and the Attorney General, whose conservation camps and training function it would be to consult with and and arrange for educational and voca- tional training in which maximum use advise the Director. A National Advisory facilities so as to Council was also created to perform a is made of non-federal federal expenditures.'" As en- similar function.' reduce Title I: Youth Programs 978 Stat. 508 (1964), 42 U.S.C. § 2712 (1964). In October 1963 there were 730,000 10 78 Stat. 508 (1964), 42 U.S.C. § 2711 (1964). youths 16 to 21 years old who were out 11 78 Stat. 509 (1964), as amended, 79 Stat. of school, looking for work and unable 973 (1965), 42 U.S.C. § 2714 (Supp. 1965). to find it." The amendment deleted the requirement of a loyalty oath and substituted a provision re- quiring an affirmation of allegiance to the 5 78 Stat. 532 (1964), 42 U.S.C. §2961(a)(l)- United States. (3)(1964). 12778 Stat. 508 (1964), as amended, 79 Stat. 678 Stat. 533 (1964), 42 U.S.C. § 2962 (1964). 973 (1965), 42 U.S.C. §2713 (Supp. 1965). 778 Stat. 531 (1964), 42 U.S.C. §§ 2944-45 The 1965 amendments added the proviso that (1964). the program operate so as not to displace 82 U.S. CODE CONG. & AD. NEWS 2903 (1964). presently employed workers and provided that 13 CATHOLIC LAWYER, AUTUMN 1967 rollees in the Corps, these youths are not in any state unless the plan for the es- deemed "employees" of the federal gov- tablishment and operation of that facility ernment for purposes of wages or other has been submitted to the governor of conditions of employment governed by that state and has not been disapproved federal law, but are such for purposes of by him within thirty days after its sub- the Internal Revenue Code of 1954 and mission. 7 The emphasis of Title I is the Social Security Act, the Federal Em- heavily directed toward conservation work ployers Compensation Act and the Fed- as evidenced by the requirement that eral Tort Claims Act.13 As deemed ap- forty percent of the male enrollees be in- propriate by the Director, enrollees in the volved in the Youth Conservation Corps, Corps can receive living, travel and leave whose primary work would consist in con- allowances in addition to living quarters serving, developing and managing public and subsistence. On termination of par- natural resources."' The original Job ticipation in the Corps, the enrollee may Corps provisions were again amended by receive a "readjustment allowance" to a Congress in 1966 to provide more de- maximum of $50 for each month of par- tailed requirements for the establishment ticipation in the Corps.1 4 The Act pro- and operation of Job Corps centers. The hibits discrimination in the selection of amendments required the participation of enrollees on the basis of political affilia- female youth to the extent of twenty- tions or beliefs and prohibits the solicita- three percent of the total number of tion by enrollees of funds for political enrollees, placed a limit of forty-five purposes, violation of which is subject to thousand on the total number of enrollees sanctions at the recommendation of the who could be included in the program for Civil Service Commission.15 The Act seeks the fiscal year ending June 30, 1967, and to encourage state initiative in the Job provided that the operating costs of any Corps area by providing that the Director center in existence for more than nine can enter into agreements with the states months could not exceed $7500 per year to assist in the operation of state programs per enrollee. In addition, Job Corps which effectuate the purposes of Title I officials were directed to take steps to find that, in such agreements, he may pro- stimulate community activity in areas vide for the payment of all or part of surrounding Job Corps camps, to pro- the costs of such programs from federal vide a friendly reception for enrollees into funds.16 An additional emphasis on state community life and, where possible, to cooperation is found in the provision that assign enrollees to camps in regions where no Job Corps facility can be established the enrollees reside.19 Because of con- no payments could be made to any individual 1778 Stat. 511 (1964), 42 U.S.C. §2719 (1964). or organization as compensation for referring 18 78 Stat. 511 (1964), as amended, 79 Stat. 974 candidates for the Corps. (1965), 42 U.S.C. § 2720 (Supp. 1965). "378 Stat. 510 (1964), 42 U.S.C. § 2716 (1964). ' I U.S. CODE CONG. & AD. NEWS 1686-87 3478 Stat. 509 (1964), 42 U.S.C. § 2715 (1964). (1966). The amendment' added new subsec- 1578 Stat. 51t (1964), 42 U.S.C. § 2717 (1964). tions (e) through (j) to 42 U.S.C.
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