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H.R. 16596 (93rd): Emergency Jobs Act


The text of the bill below is as of Dec 31, 1974 (Passed Congress).


88 STAT. ]      PUBLIC LAW 93-567-DEC. 31, 1974                                           1^45

Public Law 93-567
                                 AN A C T                                    December31, 1974
                To provide assistance for unemployed persons.                —LJ—'—1———

  Be it enacted ly the Senate and House of Representatwes of the
United States of ATuerica in Congress assembled^ That this Act may Emergency jobs
be cited as the "Emergency Jobs and Unemployment Assistance Act ^"nt^AsTut^nce
of 1974".                                                                    Act of 1974
                                                                               29 u s e 961
                                                                             note.
            TITLE I—PUBLIC SERVICE EMPLOYMENT
                EMERGENCY JOB FBOGRAMS AUTHORIZED

   SEC. 101. The Comprehensive Employment and Training Act of
1973 is amended by redesignating title VI, and all references thereto,         29 use 981-992,
as title V I I , by redesignating sections 601 through 615, and all refer-
ences thereto, as sections 701 through 715, respectively, and by insert-
ing after title V the following new title:

            "TITLE VI—EMERGENCY JOB PROGRAMS
                  "AUTHORIZATION OF APPROPRIATIONS

   "SEC. 601. There are authorized to be appropriated $2,500,000,000           29 use 961.
for fiscal year 1975 for carrying out the provisions of this title. Any
amounts so appropriated for such fiscal year which are not obligated
prior to the end of such fiscal year shall remain available for obliga-
tion until December 31,1975.

                         "FINANCIAL ASSISTANCE

   "SEC. 602. (a) The Secretary shall enter into arrangements with         29 use 962.
eligible applicants in accordance with the provisions of this title in
order to make financial assistance available for the purpose of provid-
ing transitional employ me" <^ for unemployed and underemployed per-
sons in jobs providing needed public services, and training and
manpower services related to such employment which are otherwise
unavailable, and enabling such persons to move into employment not
supported under this Act.
   " ( b ) Not less than 90 per centum of the funds appropriated pursu-
ant to tliis title which are used by an eligible applicant for public
service employment programs shall be expended only for wages and
employment benefits to persons employed in public service jobs pur-
suant to this title.
    " (c) The provisions of section 204(d) and sections 205 through 211 29 use 844-851.
shall apply to financial assistance under this title.
    " ( d ) In filling public service jobs with financial assistance under
this title, eligible applicants shall give preferred consideration, to
the maximum extent feasible and consistent with other provisions of
this Act, to unemployed persons who have exhausted unemployment
insurance benefits, to unemployed persons who are not eligible for
unemployment insurance benefits (except for persons lacking work
experience), and to unemployed persons who have been unemployed for
fifteen or more weeks.
   "(e) For purposes of this section, the term 'eligible applicants' nf^^t^^^ ^'^'
means prime sponsors qualified under title I and Indian tribes on Fed- ^ 2Tus^c si 1.
eral or State reservations.

1846 PUBLIC LAW 93-567-DEC. 31, 1974 [88 STAT. uALLOTMENT OF FUNDS 29 u s e 963. "SEC. 603. (a) (1) Not less than 90 per centum of the amounts appro- priated under section 601 for any fiscal year shall be allotted among eligible applicants by the Secretary in accordance with the provisions of this subsection. "(2) (A) Fifty per centum of the amount allotted under this subsection shall be allotted among eligible applicants in proportion to the relative number of unemployed persons who reside in areas within the jurisdiction of each such applicant as compared to the number of unemployed persons who reside in all such areas in all the States. " ( B ) Twenty-five per centum of the amount allotted under this subsection shall be allotted among eligible applicants in accordance with the number of unemployed persons residing in areas of substan- 29 u s e 844. tial unemployment (as defined in section 204(c)) within the juris- diction of the applicant compared to the number of unemployed persons residing in all such areas. " ( C ) Twenty-five per centum of the amount allotted under this subsection shall be allotted among eligible applicants on the basis of the relative excess number of unemployed persons who reside within the jurisdiction of the applicant as compared to the total excess num- ber of unemployed persons who reside within the jurisdiction of all "Excess eligible applicants. For purposes of this subparagraph, the term number." 'excess number' means (i) the number which represents unemployed persons in excess of 4i/^ per centum of the labor force in the jurisdiction of the applicant in whose jurisdiction such persons reside or (ii), in the case of an applicant which is a State, the term 'excess number' means such number as defined in clause (i) or the number which represents unemployed persons in excess of 414 per centum of the labor force in areas eligible for assistance under title I I located in the geographical area served by such State prime sponsor under title ^^29 use 811, I or I I , whichever is greater. "(b) The remainder of the amount appropriated under section 601 shall be available to the Secretary for financial assistance under section 602 as the Secretary deems appropriate to carry out the purposes of this title, taking into account changes in rates of unemployment. "Jurisdiction." " ((>) For Durposcs of determining allocations under this section, the term 'jurisdiction' includes the jurisdiction of each unit of general 29 u s e 812. local government as described in section 102(a)(2) whether or not such unit has entered into a combination of units of general local government for purposes of section 102(a) (3) or section 102(a) (4). "SPECIAL PROVISION FOR AREAS OF EXCESSIVELY HIGH UNEMPLOYMENT AND TO EXPAND JOB OPPORTUNITIES 29 use 964. "SEC. 604. (a) Funds allocated from appropriations for carrying out this title to any eligible applicant, which certifies to the Secretary that the application of the provisions of this section is necessary in order to provide sufficient job opportunities in the area served by such eligible applicant, may be used for making payments to public employers to expand the provision of job opportunities of the type described in paragraphs (3), (4), (5), and (6) of section 304(a) of ^^"^^«^^- this Act. ^ ^ ^ ^ ^' ^ ^' ^^^' "(b) I n accordance with the provisions of subsection (c), and not- withstanding the provisions of sections 602(a) and 602(b), funds allotted under section 603 to eligible applicants may be used for— "(1) public service employment programs without regard to 29 use 845. ^j^g provisions of sections 205(b), 205(c) (4), 205(c) (6), 205(c) 29 use 848. (16),205(c)(19),and208(a)(6). "(2) providing employment for persons who have been unem- ployed for at least 15 days without regard to the provision of sec-
88 STAT. ] PUBUC LAW 93-567-DEC. 31, 1974 1847 tion 205 (a) relating to 30 days of unemployment, if the applicant 29 use 845. certifies that the hiring of an individual will not violate the pro- visions of section 205 (c) (8). "(3) payment of wages (at rates not less than those prevailing ^^puarrmprove- on similar construction in the locality as determined by the Sec- ment projects. retary in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5)), for unemployed and underemployed per- ^^^^ use 276a sons as employees of public employers in jobs on community capi- tal improvement projects which would not otherwise be carried out, including the rehabilitation, alteration, or improvement of public buildings, roads and other public transj)ortation facilities, health and education facilities, and other facilities for the im- provement of the community in which the project is or will be located, and including construction, rehabilitation, alteration, or improvement of water and waste disposal facilities in communi- ties having populations of 10,000 individuals or less which are outside the boundaries of a Standard Metropolitan Statistical Area (as defined by the Bureau of the Census). "(c) The provisions of subsection (b) shall apply to any area having an unemployment rate in excess of 7 per centum, and to any area, without regard to the rate of unemployment of such area, if such area is served by a prime sponsor which qualifies under section 102(a) (4) or section 102(a) (5) or is in an area which is eligible for assistance ^^ "^^ ^^^• under title I I and which is served by a State prime sponsor, and if the 29 u s e 841. prime sponsor for such area certifies to the Secretary that the applica- tion of such provisions is necessarv in order to provide sufficient job opportunities, and gives public notice of such certification. "EXPENDITURE OF FUNDS "SEC. 605. Funds obligated for the purposes of providing public 29 use 96s. service employment under this title may be utilized by prime spon- sors for projects and activities planned to extend over a twelve-month period from the commencement of any such project or activity. "REALLOCATION OF FUNDS "SEC. 606. The Secretary is authorized to make such reallocations as 29 use 966. he deems appropriate of any amount of any allocation under this title to the extent that the Secretary determines that an eligible applicant will not be able to use such amount within a reasonable period of time. Any such amount may be reallocated only if the Secretary has pro- vided thirty days' advance notice to the prime sponsor for such area and to the Governor of the State of the proposed reallocation, during which period of time the prime sponsor and the Governor may submit comments to the Secretary. After considering any comments submitted during such period of time, the Secretary shall notify the Governor and affected prime sponsors of any decision to reallocate funds, and shall publish any such decision in the Federal Register. Any such funds Publication in shall be reallocated to other areas within the same State." ^ ^''^ ^^'^^^'^' PLACEMENT GOALS SEC. 103. Section 211 of the Comprehensive Employment and Train- ing Act of 1973 is amended by striking out "PROVISION" in the title 29 use 851. and inserting in lieu thereof "PROVISIONS", by inserting " ( a ) " immedi- ately before the first sentence, and by adding at the end thereof the following new subsection: " (b) No officer or employee of the Department of Labor shall, by regulation or otherwise, impose on any eligible applicant, as a condi- tion for the receipt of financial assistance under this title, any require- ment that any eligible applicant must place in other jobs a specific
1848 PUBLIC LAW 93-567-DEC. 31, 1974 [88 STAT. number or proportion of public service jobholders supported under this title. The Secretary may establish placement goals for eligible applicants, except that such goals must be identified as goals, not requirements, and any form or other document developed pursuant to Waiver. such regulations shall give written notice to that effect. Any eligible applicant shall have the right, clearly stated in such regulations, to request a waiver of such goals if, in his judgment, such goals are not feasible. Such waiver, a request for which may be submitted at any time, may be granted by the Secretary where, in his judgment, local conditions warrant it. Wherever such a waiver has been granted, fail- ure to meet placement goals shall not be cited in any official review or evaluation of that eligible applicant's programs." VETERxVNS' E M P L O Y M E N T PROVISIONS 38 use 2002 gEC. 104. (a) The Director of the Veterans' Employment Service, note Department of Labor, established by section 2002 of title 38, United States Code, together with the Secretary and Under Secretary of Labor and such Assistant Secretaries of Labor as the Secretary may designate, shall be responsible for formulating and monitoring the implementation of all departmental policies and programs as they affect veterans, especially those relating to unemployment, job train- ing, employment, and placement under any provision of law. (b) The Secretary of Labor, in consultation and cooperation with the Administrator of Veterans' Affairs and the Secretary of Health, Education, and Welfare, shall provide for an outreach and public information program utilizing, to the maximum extent, the facilities of the Departments of Labor and Health, Education, and Welfare and the Veterans' Administration in order to (A) exercise maximum efforts to produce jobs and job training opportunities for individuals who served in the Armed Forces and were discharged within 4 years before the date of their application for such jobs or job training and inform all eligible veterans about employment, job training, on-the-job training, and educational opportunities, under the Comprehensive notl "^^ *°^ Employment and Training Act of 1973, as amended by this Act, as 38'usc 101 e( provided for under title 38, United States Code, and under any other ^^"Jf. provision of law, and (B) inform all eligible applicants under the Comprehensive Employment and Training Act of 1973, Federal con- tractors and subcontractor's, all Federal departments and agencies, educational institutions, labor unions, and other employers, of their responsibilities under this subsection and under all such laws, and (C) provide the entities described in clause (B) of this subsection Report to c^on- technical assistance in carrying out those responsibilities. The Secre- ml^^e^s?^ ^ tary of Labor, in consultation and cooperation with the Administrator of Veterans' Affairs and the Secretary of Health, Education, and Welfare shall report to the appropriate committees of the Congress not later than 90 days after the date of enactment of this Act on the steps taken and regulations issued to carry out the provisions of this section and of section 205(c) (5) of the Comprehensive Employment 29 use 845. and Traininff Act of 1973. SPECIAL REPORT 29 u s e 849. SEC. 105. Section 209 of such Act is amended by striking out "Sec. 209." and inserting in lieu thereof "Sec. 209. (a)". and by adding at the end of such section the following new subsection: "(b) In compiling the data which the Secretary is required to report 29 use 848. to the Congress under section 208(e), the Secretary shall obtain and compile information on practices and procedures implemented by prime sponsors affecting average annual wage rates paid to public service job holders and public service job opportunities described
88 STAT. ] PUBLIC LAW 93-567-DEC. 31, 1974 1849 under this title. The Secretary is authorized to make general recom- mendations to prime sponsors, on a regional and area basis, as he may deem appropriate, consistent with section 208(a)(3) (relating to 29 u s e 848. the maximum annual wage rate per public service job holder), taking into account average wages in the various areas served and the cost of living in such areas, with the aim of maintaining the number of jobs on a nationwide average in federally supported wage rates equivalent to $7,800 per public service job holder." TECHNICAL AMENDMENTS SEC. 106. (a) Section 201 of the Comprehensive Employment and Training Act of 1973 is amended by striking out the words "of sub- 29 use 841. stantial unemployment" and inserting in lieu thereof "qualifying for assistance". (b) Section 202(a) of such Act is amended by inserting before the 29 u s e 842. words "under this title" the following: "for use m areas of substantial unemployment". 29 u s e 844. (c) Section 204(a) (2) of such Act is amended by striking out "and which include areas of substantial unemployment". (d) (1) Section 204(d) (1) of such Act is amended by striking out the words "of substantial unemployment" each place they appear and inserting "(qualifying for assistance". (2) Section 204(d) (3) of such Act is amended by striking out "of substantial unemployment" and inserting in lieu thereof "qualifying for assistance". (e) Section 205(a) of such Act is amended by striking out "of sub- 29 use 845. stantial unemployment" and inserting in lieu thereof "qualifying for assistance". (f) Section 205(c) (3) of such Act is amended by striking out "areas of substantial unemployment" and inserting in lieu thereof "area qualifying for assistance". (g) Section 210 of such Act is amended by striking out "for resi- ^^ ^^^ ^^°- dents of the areas of substantial unemployment designated under this title" and inserting in lieu thereof the following: "for residents of the area qualifying for such assistance". MISCELLANEOUS PROVISIONS SEC. 107. (a) Section 701(a)(7) of such Act (as redesignated by 29 use 98i. section 101 of this Act) is amended by inserting after "education," the following: "child care,". (b) Section 701(a) (7) of such Act (as redesignated by section 101 of this Act) is further amended by inserting after "work" the fol- lowing: ", including part-time work for individuals who are unable, because of age, handicap, or other factors, to work full time,". (c) Section 701(a) of such Act (as redesignated by section 101 of this Act) is amended by inserting after paragraph (13) the following new paragraph: "(14) 'veterans outreach' means the veterans outreach services "veterans out- program carried out under subchapter I V of chapter 3 of title '•^^''^•" 38, United States Code, with full utilization of veterans receiv- ^8 use 240. ing educational assistance or vocational rehabilitation under chapter 31 or 34 of such title 38." 38 use 1501, (d) Section 703(1) of such Act (as redesignated bv section 101 of 1651. 29 u s e 983. this Act) is amended by inserting after "sex," the following: "age,". N A T I O N A L ADVISORY C O U N C I L ON VOCATIONAL EDUCATION SEC. 108. Section 104(a) of the Vocational Education Act of 1963 (as amended) is amended by adding at the end thereof a new para- 20 use 1244. graph as follows:
1850 PUBLIC LAW 93-567-DEC. 31, 1974 [88 STAT. "(6) The National Council may accept gifts or grants and may accept transfer of funds from other departments or agencies.". TITLE II—SPECIAL UNEMPLOYMENT A S S I S T A N C E PROGRxA.M STATEMENT OF PURPOSE 26 u s e 3304 note. SEC. 201. I t is the purpose of this title to establish a temporary Federal program of special unemployment assistance for workers who are unemployed during a period of aggravated unemployment and who are not otherwise eligible for unemployment allowances under any other law. GRANTS TO S T A T E S : A G R E E M E N T W I T H STATES 26 u s e 3304 note. SEC. 202. Each State which enters into an agreement with the Secre- tary of Labor, pursuant to which it makes payments of special unem- ployment assistance in accordance with the provisions of this title and the rules and regulations prescribed by the Secretary of Labor hereunder, shall be paid by the United States from time to time, prior to audit or settlement by the General Accounting Office, such amounts as are deemed necessary by the Secretary of Labor to carry out the provisions of this title in the State. Assistance may be paid under this title to individuals only pursuant to such an agreement. ELIGIBLE INDIVIDUALS 26 use 3304 gEc. 203. An individual shall be eligible to receive a payment of note assistance or waiting period credit with respect to a week of unem- ployment occurring during and subsequent to a special unemploy- ment assistance period in accordance with the provisions of this title if— (1) the individual is not eligible for compensation under any State or Federal unemployment compensation law (including the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.)) with respect to such week of unemployment, and is not receiving compensation with respect to such w^eek of unemploy- ment under the unemployment compensation law of Canada and is not eligible for assistance or an allowance payable with respect to such week of unemployment imder such laws as the Public Works and Economic Development Act Amendments of 1974, the ., ^^^p. .o«i Ante, 143. Disaster Relief Act of 1974, the Trade Expansion Act of 1962, as 19 u s e 1801 note.""" °"' amended, or any successor legislation or similar legislation, as determined by the Secretary: Provided, That the individual meets the qualifying employment and wage requirements of the applicable State unemployment compensation law in a base year which, notwithstanding the State law, shall be the fifty-two-week period preceding the first week with respect to which the indi- vidual: (1) files a claim for assistance or waiting period credit under this title; (2) is totally or partially unemployed; and (3) meets such qualifying employment and wage requirements; and for the purpose of this proviso employment and wages which are not covered by the State law shall be treated as though they were covered, except that employment and wages covered by any State or Federal unemployment compensation law, including the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.), shall be excluded to the extent that the individual is or was entitled to compensation for unemployment thereunder on the basis of such employment and wages; and
88 STAT. 1 PUBLIC LAW 93-567-DEC. 31, 1974 1851 (2) the individual is totally or partiall}^ unemployed, and is able to work, available for work, and seeking work, within the meaning of, or as required by, the applicable State unemploy- ment compensation law, and is not subject to disqualification under that law; and (3) the individual has filed a claim for assistance or waiting period credit under this title; and (4) in the area in which the individual was last employed for at least five work days prior to filing a claim under this title for assistance or waiting period credit with respect to such week of unemployment, a special unemployment assistance period is in effect with respect to such week of unemployment: Provided, That if the individual, except for the imposition of a disqualifi- cation in accordance with subsection ( b ) , was otherwise eligible for a payment of assistance or waiting period credit under this title with respect to a week of unemployment which began dur- ing a special unemployment assistance period, but did not exhaust entitlement to assistance during such period, entitlement shall continue after the end of the period but no assistance shall be paid under this title for any week of unemployment that begins more than twenty-six weeks after the end of such period; and (5) the State in which the individual was last employed for at least five work days prior to filing a claim under this title for assistance or waiting period credit with respect to such week of unemployment, has an agreement with the Secretary of Labor under section 202 which is in effect with respect to such week of unemployment. SPECIAL U N E M P L O Y M E N T ASSISTANCE PERIOD SEC. 204. (a) A special unemployment assistance period shall com- ^6 use 3304 mence in an area designated by the Secretary with the third week after the first week for which the Secretary determines that there is an "on" indicator for such area, and shall terminate with the third week after the first week for which the Secretary determines that there is an "off" indicator for such area except that no special unemployment assistance period shall have a duration of less than thirteen weeks. (b) The Secretary shall designate as an area under this section areas served by an entity which is eligible to be a prime sponsor under section 102(a) of the Comprehensive Employment and Training Act of 1973 (PublicLaw 93-203). 29 use si2. (c) There is an "on" indicator in an area for a week if for the most recent three consecutive calendar months for which data are available the Secretary determines that— (1) the rate (seasonally adjusted) of national unemployment averaged 6 per centum or more; or (2) the rate of unemployment in the area averaged 6.5 per centum or more. (d) There is an "off" indicator for a week, if for the most recent three consecutive calendar months for which data are available the Secretary determines that both subsections (c)(1) and (c)(2) are not satisfied. (e) The determinations made under this section shall take into account the rates of unemployment for three consecutive months, even though any or all of such months may have occurred not more than three complete calendar months prior to the enactment of this Act. WEEKLY BENEFIT AMOUNT SEC. 205. (a) The amount of assistance under this title to which an 26 use 3304 eligible individual shall be entitled for a week of unemployment shall "°*^'
1852 PUBLIC LAW 93-567-DEC. 31, 1974 [88 STAT. be the weekly benefit amount for a week of unemployment that would be payable to the individual as regular compensation as computed under the provisions of the applicable State unemployment compensa- tion law: Provided^ That in computing the weekly benefit amount under this subsection the individual's base year, notwithstanding the State law, shall be the fifty-two-week period preceding the first week with respect to which the individual: (1) files a claim for assistance or waiting period credit under this title; (2) is totally or partially unemployed; and (3) meets the qualifying employment and wage requirements of subsection (a) of section 203; and for the purpose of this proviso employment and wages which are not covered by the applicable State unemployment compensation law shall be treated as though they were covered, except that employment and wages covered by any State or Federal unemployment compensation law, including 45 use 367. ^^g Kailroad Unemployment Insurance Act (45 U.S.C. 351 et seq.), shall be excluded to the extent that the individual is or was entitled to compensation for unemployment thereunder on the basis of such employment and wages. (b) Notwithstanding any provisions of State law, claims for assist- ance under this title may be determined, where an employment record is not available, on the basis of an affidavit submitted by an applicant. If an applicant knowingly provides false information in such affidavit, he shall be ineligible for any assistance under this title and shall, in addition, be subject to prosecution under section 1001 of title 18, LTnited States Code. MAXIMUM BENEFIT AMOUNT 26 use 3304 gj,^.^ ^06. The maximum amount of assistance under this title which note an eligible individual shall be entitled to receive shall be the maximum amount of regular compensation that would be payable to such individ- ual as computed under the provisions of the applicable State unem- ployment compensation law, but not exceeding twenty-six times the weekly benefit amount payable to the individual for a week of total unemployment as determined under subsection (a) of section 205: Provided^ That for the purposes of this subsection the individual's base year, notwithstanding the State law, shall be the fifty-two-week period preceding the first week with respect to which the individual: (1) files a claim for assistance or waiting period credit under this title; (2) is totally or partially unemployed; and (3) meets the qualifying employment and wage requirements of section 203(a) ; and for the purpose of this proviso employment and wages which are not covered by the State law shall be treated as though they were covered, except that employment and wages covered by any State or Federal unem- ployment compensation law, including the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.), shall be excluded to the extent that the individual is or was entitled to compensation for unemploy- ment thereunder on the basis of such employment and wages. A P P L I C A B L E STATE LAW PROVISIONS 26 use 3304 gj^^^ 207. Except where inconsistent with the provisions of this title, note. the terms and conditions of the applicable State unemployment com- pensation law which apply to claims thereunder for regular compen- sation and the payment thereof shall apply to claims for assistance under this title and the payment thereof. TERMINATION DATE 26 use 3304 gjjQ^ 208. Notwithstanding any other provisions of this title, no pay- note ment of assistance under this title shall be made to any individual with
STAT. ] PUBLIC LAW 93-567-DEC. 31, 1974 1853 respect to any week of unemployment ending after March 31, 1976; and no individual shall be entitled to any compensation with respect to any initial claim for assistance or waiting period credit made after December 31,1975. AUTHORIZATION OF APPROPRIATIONS 26 u s e 3304 SEC. 209. There are hereby authorized to be appropriated for pur- note. poses of this title such sums as may be necessary. DEFINITIONS SEC. 210. (a) As used in the title, the term— 26 u s e 3304 note. (1) "Secretary" means the Secretary of Labor; (2) "State" means the States of the United States, the District of Columbia, Puerto Kico, and the Virgin Islands; (3) "applicable State unemployment compensation law" means the law of the State in which the individual was last employed for at least five work days prior to filing a claim for assistance or waiting period credit under this title; and (4) "week" means a calendar week. (b) Assistance under this title shall not be considered to be regular compensation for purposes of qualifying for benefits under the Fed- eral-State Extended Unemployment Compensation Act of 1970, and 26 u s e 3304 claims filed under this title shall not be treated as claims for weeks of note. unemployment for purposes of determining the rate of insured unem- ployment under section 203 (f) (1) of such Act. 26 u s e 3304 note. T I T L E III—JOB OPPORTUNITIES PROGRAM SEC. 301. The Public Works and Economic Development Act of 1965 is amended by adding at the end thereof the following new title: "TITLE X—JOB O P P O R T U N I T I E S PROGRAM STATEMENT OF PURPOSE _ "SEC. 1001. I t is the purpose of this title to provide emergency finan- 42 u s e 3246. cial assistance to stimulate, maintain or expand job creating activities in areas, both urban and rural, which are suffering from unusually high levels of unemployment. a DEFINITIONS "SEC. 1002. For the purpose of this title— 42 u s e 3246a. " (1) the term 'eligible area' means— " ( A ) any area, which the Secretary of Labor designates as an area which has a rate of unemployment, equal to or in excess of 6.5 per centum for three consecutive months. " ( B ) any area designated pursuant to section 204(c) of the Comprehensive Employment and Training Act of 1973, and 29 u s e 844. " ( C ) any area which is designated by the Secretary of Commerce pursuant to section 401 of the Public Works and Economic Development Act of 1965 as a redevelopment area. 42 u s e 3161. li PROGRAM AUTHORIZED "SEC. 1003. (a) To carry out the purposes of this title, the Secretary 42 u s e 3246b. of Commerce, in accordance with the provisions of this title, is author- ized from funds appropriated and made available under section 1007 of this title to provide financial assistance to programs and projects
1854 PUBLIC LAW 93-567-DEC. 31, 1974 [88 STAT. identified through the review process described in section 1004 to expand or accelerate the job creating impact of such programs or projects for unemployed persons in eligible areas. Programs and proj- ects for which funds are made available under this title shall not be approved until the officials of the appropriate units of general govern- ment in the affected area have an adequate opportunity to comment on the specific proposal. "(b) Whenever funds are made available by the Secretary of Com- merce under this title for any program or project, the head of the department, agency, or instrumentality of the Federal Government administering the law authorizing such assistance shall, except as otherwise provided in this subsection, administer the law authorizing such assistance in accordance with all applicable provisions of that law, except provisions relating to— " (1) requiring allocation of funds among the States, "(2) limits upon the total amount of such grants for any period, and "(3) the Federal contribution to any State or local govern- ment, whenever the President or head of such department, agency, or instrumentality of the Federal Government determines that any non-Federal contribution cannot reasonably be obtained by the State or local government concerned. "(c) Where necessary to effectively carry out the purposes of this title, the Secretary of Commerce is authorized to initiate programs in eligible areas, fu^di"*"^*'"" °^ "^^) In allocating funds under this title, the Secretary of Commerce shall give priority consideration to— " (1) the severity of unemployment in the area; and "(2) the appropriateness of the proposed activity in relating to the number and needs of unemployed persons in eligible areas. "(e) Notwithstanding any other provision of this title, funds allocated by the Secretary of Commerce shall be available only for programs or projects which the Secretary of Commerce and the Secre- tary of Labor jointly determine are programs or projects— "(1) which will contribute significantly to the reduction of unemployment in the eligible area; " (2) which can be initiated or strengthened promptly; "(3) a substantial portion of which can be completed within 12 months after such allocation is made; "(4) which are not inconsistent with locally approved compre- hensive plans for the jurisdiction affected, whenever such plans exist; and "(5) which will be approved giving first priority to programs and projects which are most labor intensive, "PROGRAM REVIEW 42 use 3246c. "§^0. 1004. Within 45 days after the date of enactment of the Ante, p. 1845. Emergency Jobs and Unemployment Assistance Act of 1974, each department, agency or instrumentality of the Federal government, and each regional commission established by section 101 of the Appalachian 40 use app. 101. Regional Development Act of 1965 or pursuant to section 502 of this 42 use 3182. ^QI^ shall (1) complete a review of its budget, plans and program including State, substate and local development plans filed with such department, agency or commission; (2) evaluate the job creation effec- tiveness of programs and projects for which funds are proposed to be obligated in calendar year 1975 and additional programs and projects for which funds could be obligated in such year with Federal financial assistance under this title; and (3) submit to the Secretary of Com- merce and the Secretary of Labor recommendations for programs and projects which have the potential to stimulate the creation of
88 STAT. ] PUBLIC LAW 93-568-DEC. 31, 1974 1855 jobs for unemployed persons in eligible areas. Within 30 days of the receipt of such recommendations the Secretary of Commerce and the Secretary of Labor shall jointly review such recommendations, and the Secretary of Commerce shall after consultation with such depart- ment, agency, instrumentality, and regional commissions, make alloca- tions of funds in accordance with section 1003(e) of this title. 'LIMITATIONS ON USE or FUNDS 42 u s e 3246d. "SEC. 1005. Fifty per centum of the funds appropriated pursuant to section 1007 of this title shall be available only for programs and projects in which not more than 25 percent of such funds will be expended for necessary non-labor costs. "RULES AND REGULATIONS "SEC. 1006. The Secretary of Commerce shall prescribe such rules, ''^ use 3246e. regulations, and procedures to carry out the provisions of this title as will assure that adequate consideration is given to the relative needs of applicants for assistance in rural eligible areas and the relative needs of applicants for assistance in urban eligible areas and to any equitable distribution of funds authorized under this title between rural and urban eligible applicants. a A U T H O R I Z A T I O N OF APPROPRIATIONS "SEC. 1007. There are authorized to be appropriated $500,000,000 for 42 u s e 3246f. the fiscal year 1975 to carry out the provisions of this title, except that no further obligation of funds appropriated under this section may be made subsequent to a determination that the national average rate of unemployment has receded below 6.5 per centum for three consecutive calendar months as determined by the Secretary of Labor. Any amounts so appropriated for such fiscal year which are not obli- gated prior to the end of such fiscal year shall remain available for obligation until December 31,1975. "TERMINATION DATE "SEC. 1008. Notwithstanding any other provision of this title, no "^^ "^*^ ^2'*^^- further obligation of funds appropriated under this title shall be made by the Secretary of Commerce after December 31,1975." "SEC. 302. Section 712 of the Public Works and Economic Develop- ment Act of 1965 is amended by striking "or 403" and inserting in lieu "^^ "^^ ^222. thereof "403,903, and 1003". Approved December 31, 1974. Public Law 93-568 JOINT RESOLUTION „ ^ ,, , „ , December 3 1 , 1974 To authorize and request the President to call a White House Conference on [s. j . Res. 40] Library and Information Services not later than 1978, and for other purposes. Whereas access to information and ideas is indispensable to the devel- opment of human potential, the advancement of civilization, and the continuance of enlightened self-government; and