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S. 1559 (93rd): Job Training and Community Services Act

The text of the bill below is as of Dec 28, 1973 (Passed Congress).

87 STAT. ]        PUBLIC LAW 93-203-DEC. 28, 1973                                                  839

Public Law 93-203
                                  AN A C T                                     December 28, 1973
To assure opportunities for employment and training to unemployed and under-           ^^- ^^^9]
                              employed persons.

   Be it enacted hy the /Senate and House of Representatives of the
United States of America in Congress assewhled. That tliis Act may be ^^°^^y^^^^_  ^^^
cited as the "Compreliensive Employment and Ti-aining Act of 1973". Training Act of
                         S T A T E M E N T OF PURPOSE
   SEC. 2. It is the purpose of this Act to provide job trainino- and
employment opportunities for economically disadvanta*>e(l, unem-
ployed, and underemployed persons, and to assure that training- and
other services lead to maximum employment opportunities and enhance
self-sufficiency by establishing a flexible and decentralized system of
Federal, State, and local programs.

                        TKAXSrnOXAL           PROVISIONS

   SEC. 3. (a) To the extent necessary to provide for the ordei-ly transi-
tion of supporting job training pi'ograms, and to provide continued
financial assistance for such programs, prior to July 1, 1974, the Sec-
retary is authorized to provide financial assistance in the same manner
and on the same conditions as provided in the Manpower Development
and Training Act of 1962, as in eifect prior to June 30, 1973, title I 76     Stat. 23.
                                                                           42 u s e 2571
of the Economic Opportunity Act of 1964, and the Emergency no^e
Employment Act of 1971, as in effect prior to June 30, 1973, from ^s stat. sos.
- C I           • X 1          X .L   ..1 •    A :                               42 u s e 2701
lunds appropriated pui'suant to tins Act.                                   note.
   (b) The authority contained in this section shall not be construed ss stat. i46.
to postpone or impede the prompt designation of prime sponsors and note.^^*^ "^^
the implementation of othei" provisions of this Act.
   (c) Notwithstanding any other pi-ovision of this Act other than
the provisions of section 4 ( d ) ( 1 ) , the Secretary is author-ized from
appropriations available under- this Act for fiscal year 1974 to provide
financial assistance for the program described in section 304(a) (3) ^°^^' P- ^^^•
during the period June 1, 1974, through October 1, 1974, in the same
manner and on the same conditions as provided pursuant to the Man-
power Development and Training Act of 1962, as in effect ])rior to
June 30, 1973, and title I of the Economic Opportunity Act of 1964,
as in effect prior to repeal by this Act.
                    AUTHORIZATION        OF    APPROPRIATIONS

  SEC. 4. (a) There ai-e authorized to be appropriated such sums as
may be necessary for the fiscal year ending June 30,1974, and for each
of the three succeeding fiscal years for carrying out the provisions of
this Act.
   (b) Notwithstanding any other pi'ovision of law, unless enacted in
specific limitation of the provisions of this subsection, any funds
a])propriated to cari-y out this Act which ai'e not obligated prior to the
end of the fiscal year for which such funds were appr-opriated shall
remain available for obligation during the succeeding fiscal year, and
any funds obligated in any fiscal year may be expended during a
period of tw^o years from the date of obligation.
   (c) (1) For the purpose of affording adequate notice of funding
available under this Act, appropriations under this Act are authorized
to be included in an appropriation Act for the fiscal year preceding
the fiscal year for which they are available for obligation.
   (2) Ixi order to effect a transition to the advance funding method

840 PUBLIC LAW 93-203-DEC. 28, 1973 [87 STAT. of timing appi'opriation nctioii, the piovif^ioiis of this subsection sliall apply notwithstanding that its initial application will result in the enactment in the same year (whether in the same appropriation Act or otherwise) of two separate appropriations, one for the then current fiscal year and one for the snceeeding fiscal year, (d) (1) Of the amounts appropriated to cai-ry out this Act, the Sec- cretary shall reserve and make available not less than $250,000,000 in the fiscal year ending June 30, 19T-1-, and not less than $350,000,000 in the fiscal year ending June 30,1975, to carry out public service employ- ment programs under title I I . (2) In addition to the amounts reserved under i)aragraph (1) of this subsection, there are authorized to be ai)propriated and made available for the fiscal years ending June 30,1974, and June 30, 1975, such sums as may be necessary to carry out public ser\ice employment programs under title I I . There are authorized to be appropriated and made available for the fiscal year ending June 30, 1976, and for the succeeding fiscal year such sums as may be necessary to carry out pub- lic service employment programs under title I I . (e) Of the amount appropriated to carry out this Act for any fiscal year, not more than 20 percent of such amount (excluding any amount in excess of $250,000,000 of the amount made available for carrying out title I I ) shall be available for carrying out the provisions of title Posf, pp. 859, H I and title IV. 863. TYYhV: I — C O M P R E n E X S I V E ^LVNPOWER S E R V I C E S DESCKIPTIOX OF TROGRA^I SKC. 101. It is the purpose of this title to establish a program to provide comprehensive manpoAver services throughout the Nation. Such program shall include the development and creation of job oppor- tunities and the training, education, and other services needed to enable individuals to secure and retain employment at their maximum capacity. Oomprehensive manpower services may include, but shall not be limited to. programs and activities designed to carry out the purpose of this title, such as— (1) outreach to make persons aware of the availability of man- power services and persuade them to use such services. (2) assessment of the individual's needs, interests, and poten- tial in the labor market and referral to appropriate employment, training, or other opportunities. (3) orientation, counseling, education, and institutional skill ti-aining to prepare the individual to enter the labor market or to qualify for more productive job opportunities, (4) training on the job, (5) payments or other inducements to public or private employ- ers to expand job opportunities, but payments to employers organized for profit shall not exceed the diiference between the costs of recruiting, training, and providing supportive services for low-income persons and those regularly employed, (()) services to individuals to enable them to retain employment, (7) payment of allowances to persons in training for which they receive no remuneration and payment of such allowances for transportation, subsistence, or other expenses incurred in par- ticipating in manpower services or employment as are necessary to enable the individual to participate therein, (8) supportiA'e services to enable individuals to take advantage of employment opportunities, including necessary health care and medical services, child care, residential support, assistance in securing bonds, or anv otlier necessarv assistance incident to
87 STAT. ] PUBLIC LAW 93-203-DEC. 28, 1973 841 cniployiiieiit. and any other service needed to participate in employment or manpower services. (9) development of information concerning the labor market and activities, such as job restructuring, to make it more respon- sive to objectives of the manpower services program, (10) manpower training, employment opportunities, and related services conducted by community-based organizations, (11) transitional public service employment programs, and (1:2) any programs authorized by part A of title I I I and by title IV of this Act. " P„^,^ PP 859, PRIME SPONSORS / 863. SEC. 162. (a) The Secretary may make financial assistance available to a prime sponsor to enable it to carry out all or a substantial part of a comprehensive manpower program. A prime sponsor shall be—- (1) a State; (2) a unit of general local government which has a population of one hundred thousand or more persons on the basis of the most satisfactory current data available to the Secretary; (3) any combination of units of general local government which includes any unit of general local government qualifying under paragraph (2) of this siibsection; ( i ) any imit of general local government or any combination of such units, without regard to population, which, in exceptional circumstances, is determined by the Secretary of Labor— (A) (i) to serve a substantial portion of a functioning labor market area, or (ii) to be a rural area liaA'ing a high level of unemployment; and (B) to have demonstrated (i) that it has the capability for adequately carrying out programs under this Act, and (ii) that there is a special need for services within the area to be served, and (iii) that it will carry out such programs and services in such area as effectively as the State; or (5) a limited number of existing concentrated employment program gi-antees ser\ing rural areas having a high level of unemployment which the Secretary determines have demonstrated special capabilities for carrying out programs in such areas and are designated by him for that purpose. (b) (1) A State shall not qualify as a prime sponsor for any geo- graphical area within the jurisdiction of any prime sponsoi- described in paragraph (2), (3), (4J,or (5) of subsection (a) unless such prime sponsor has not submitted an approvable comprehensive manpower plan for such area. (2) A unit of general local government shall not qualify as a ])rime sponsor with respect to any area within the jurisdiction of another eligible unit of general local government unless such smaller unit has not submitted an approvable comprehensive manpower plan for such area. (c) (1) To be eligible for prime sponsorship for any fiscal year, an otherwise eligible applicant must submit to the Secretary a notice of intent to apply for prime sponsorship by such date as the Secretary- shall prescribe. (2) The Secretary may not, prior to March 1, 1974, designate as a prime sponsor, any State or unit of general local government contain- ing another unit of general local government meeting the requirements of subsection (a) (2) of this section unless such smaller unit has sub- mitted to the Secretarv written consent for such desionation.
842 PUBLIC LAW 93-203-DEC. 28, 1973 [87 STAT. ALLOCATIOX OF F U N D S SEC. 108. ( a ) ( 1 ) Llighty percent of the amount available for this title in any fiscal year shall be allotted in accordance with the pro- visions of this subsection. (2) Subject to the provisions of paragraph (4) — (A) 50 percent of the amount allotted under this subsection shall be allotted on the basis of the manpower allotment of the State in the fiscal year- prior to the year for which the determina- tion is made compared to the manjjower allotment foi" all States in that year; (B) 371/2 percent of the amount allotted under this subsection shall be allotted on the basis of the relative number of vmeuiployed pei'sons within the State as compared to such numbers in all States; (C) 121/^ percent of the amount allotted undei- this subsection shall be allotted on the basis of the relative number of adults in families with an annual income below the low-income level within the State compared to such total numbers in all States; (I)) Not less than $2,000,000 shall be allotted among Guam, the Vii'gin Islands, Amei'ican Samoa, and the Trust Territory of the Pacific Islands, in accordance with their respective needs. (3) The sum allotted to each State shall be allotted by the Seci-etai-y among areas within the State on an equitable basis based upon the factors set forth in paragi'aph (2). (4) No prime sponsor shall be allocated an amount which is in excess of 150 percent of the amount received by the area served by that })riine sponsoi' in the fiscal year immediately preceding the fiscal year- for which the detei'mination was made except that if the amount so allocated is less than 50 percent of the amount to which such j>i-ime sponsor- is entitled under- ])ar-agi-a])h (2) in the fiscal year- for- which a determination was made, then such allocation shall be increased to 50 per-cent of the amoiuit of such entitlement. (b) Not more than 5 percent of the amount available for this title shall be available to the Secretary to encour-age, after- consultation with aird r-eceiviirg r-ecommendations fi-om the Gover-nor- of the ai)])r-opr-iate State, \'oluntar-y combinations formed under section 102 (a)(3)._ (c) Five per-cent of the funds available under title I shall be avail- able only for- gr-ants under section 112 except that such gr-ants shall not iircr-ease the funds available in any pr-ime sponsor-*s area by nrore than 20 ])ercent of the amount allocated to such pr-ime sponsor under- sub- section (a). (d) One per-cent of the arnorrnt allocated under subsection (a) shall be available to the Secr-etar-y to be allocated in the same manner as l)rovided under subsection (a) to State pr-ime sponsors for the costs irrcrrr-r-ed in carrying orrt the pr-ovisions of section 107(a) (2) ( B ) . If any State does not need the amoirnt allocated under- this subsection for- any fiscal year, that amount shall be available for State ser-vices under section 106. (e) Four percent of the amounts available for this title shall be. available to each State in the same proportion as that State's allo<-a- tion under subsection (a) for State ser-vices under section 106. (f) The remainder of the frrnds shall be available in the Secre- tar-y's discretion. In exer-cising his discr-etion the Secretar-y shall fir-st rrtilize srrch firnds to provide eacli prime sponsor with an amoirnt for any fiscal year- equal to 90 percent of such area's manpower allotment in the pr-eceding fiscal year. The remainder shall be distr-ibuted in tlie Secretar-y's discretion among ar-eas served by pr-ime sponsor-s (or where a ])rime sponsor's plan has not been approved an area served
87 STAT. ] PUBLIC LAW 93-203-DEC. 28, 1973 843 by the Secretary under his authority in section 110). In exercising his discretion the Secretary shall take into account the need for continued funding of programs of demonstrated eflf'ectiveness, (g) Grants made to prime sponsors designated under section 102 (a) (5) shall be fi'om funds not allocated under subsection (a). Publication in (h) As soon as practicable after funds are appropriated to carry Federal Register. out this Act for any fiscal year, the Secretary shall publish in the Federal Register- the allotments made pursuant to this section. Allot- ments under this section shall be based on the latest satisfactory data and estimates available. (i) The Secretary is authoi'ized to make such reallocations under Reallocations. this title as he deems appropriate of the unobligated amount of any allotment pursuant to subsection (a) to the extent that the Secretaiy determines that it will not be requii-ed foi' the period for which such allotment is available. Allotted amounts may not be reallocated for any reason before the expiration of the ninth month of the fiscal year for Avhich such funds were allotted and thereafter may be reallocated only if the Secretary has provided thirty days' advance notice to the prime sponsor for such area and to the (jovernor of the State of the pro- posed reallocation, during which period of time the prime sponsor Publication in and the Governor may submit comments to the Secretary. After con- Federal Register. sidering any comments submitted during such period of time, the Secretary shall notify the Govei-nor and affected prime sponsors of any decision to reallocate funds and shall publish any such decision in the Federal Register. Priority shall be given in reallocating such funds to other ar-eas within the same State. PKI.ME SI'ONSOU'S PLAN NINO COUXCILS SEC. 104. Each prime sponsor designated under this title shall Establishment; ,,., ., . ^ '•., . . '^ , - i i ' membership. establish a phinning council consisting, to the extent practical, of members who are representative of the client community and of com- munity-based organizations, the employment service, education and training agencies and institutions, business, labor, and, where appro- priate, agriculture. The prime sponsor shall appoint, the members of the council, designate the chairman, and provide professional, technical, and clerical staff to serve the council. I t is the function of the council to submit recommendations regarding program i)lans and basic goals, policies, and procedures, to monitor and pr-ovide for objective evaluations of em})loyinent and training programs conducted in the prime sponsorship area, and to provide for continuing analyses of needs for employment, training, and related services in such area. Any final decision with respect to such recommendations shall be made by the prime si)onsor. CONDITIOXS FOR KECEII'T OF FIXAXCIAL ASSISTAXCE SEC. 105. (a) The Secretary shall not provide financial assistance for any fiscal year to a prime sponsor unless such sponsor submits a comprehensive manpower plan, in such detail as the Secretary deems necessaiy, which— (1) sets forth a comprehensive manpower program which meets the objectives of this title, including (A) a description of the services to be provided, and performance goals, (B) assurance that such services will be administered by or under the supervision of the prime sponsor, (C) a description of the geogr-aphical areas to be served under the plan, and (D) assurances that to the maximum extent feasible manpower services, including the development of job opportunities, will be provided to those most in need of them, including low-income persons and persons of lim-
844 PUBLIC LAW 93-203-DEC. 28, 1973 [87 STAT. ited English-speaking ability, and that the need for continued funding of programs of demonstrated effectiveness is taken into account in serving such groups and persons; (2) provides, in the case of prime sponsors who are recipients of funds under title I I for the development of a public service employment program, that it is fully integrated with the services under this title in order to assure that persons employed in such a program are afforded a better opportunity to find regular employment not supported under this Act; (3) (A) provides appropriate arrangements with community- based organizations serving the poverty community, and other special target groups for their participation in the planning of programs included in the plan; (B) provides for utilizing those services and facilities which are available, with or without reim- bursement of the reasonable cost, from Federal, State, and local agencies to the extent deemed appropriate by the prime sponsor, after giving due consideration to the effectiveness of such exist- ing services and facilities, including, but not limited to, the State employment service, State vocational education and vocational rehabilitation agencies, area skills centers, local educational agen- cies, postsecondai-y training and education institutions, and com- munity action agencies, but nothing contained herein shall be construed to limit the utilization of services and facilities of private agencies, institutions and organizations (such as private businesses, labor organizations, private employment agencies, and private educational and vocational institutions) which can, at comparable cost, provide substantially equivalent training or services or otherwise aid in reducing more quickly unemployment or current and prospective manpower shortages; (C) provides that in making arrangements for institutional training priority shall be given (to the extent feasible) to the use of skills centers established undei' the authority of section 231 of the Manpower ^^ Stat 30; Development and Training Act of 1962; (D) provides arrange- 42 use 2601. ments to the extent feasible for the coordination of services for which financial assistance is provided under programs adminis- tered by the Secretary of Labor relating to manpower and man- power-i-elated services; (4) provides for paying the allowances and compensation pro- vided by section 111; (5) pi'ovides that any transitional public service employment piograms meet the requirements of section 205(c) and section 208^ and that p(M'sons hired to fill jobs created by such programs will be residents of tlie areas described under paragraph (1) (C) of this subsection; (6) provides assurances that piograms of institutional training be designed for occupations in which skill shortages exist and assurances that such programs and training on the job shall, wliorexor possible, losult in employment which provides economic self-sufficiency; (7) contains such other information, assurances, statements, and anangements consistent with the provisions of this Act as the Secretary shall prescribe by regulation including provisions designed to assist the Secretarv in carrying out his special respon- sibilities under this section and section 108. (b) The Secretary shall not provide financial assistance for any fiscal year to a i)rime sponsor unless such sponsor certifies that— (1) its plan meets all the requirements of this section; and (2) it will comply with all provisions of this Act. ((?) The Societary shall provide financial assistance to each prime
87 STAT. ] PUBLIC LAW 93-203-DEC. 28, 1973 845 sponsor under this title to carry out the ph\n submitted by each such })riine sponsor ui)on determining that— (1) tlie j)hin is consistent with the provisions of this title; {•2) the phm was made public prior to submission to the Secre- tary; (?)) the prime sponsor has demonstrated maximum efforts to iuii)lement the pr-ovisions in the prior year's i)lan. SPECIAL PROVISIOXS RELATING TO STATE P R I M E SPONSORS SEC. 106. (a) Anv State seeking assistance under this Act shall .^^^'^ comprehen- . ^ ^ '' -^ . . f^ - 1 ~i r> sive manpower submit a Ibtate comprehensive manpower plan to the Secretary tor pian. approval in accordance with the requirements of this section. (b) The State comprehensive manpower plan shall in addition to meetiug the i-equirements of section 105— (1) provide satisfactory arrangements for serving all geo- graphical areas under its jurisdiction except areas served by an eligible ai)plicant who has filed a notice of intent under section 10:2(c), except that such plan may be amended to include areas served by an eligible applicant whose plan is finally disapproved without pi-ejudice to the remedies available to such eligible a])])licaut under section 109; (2) provide for the cooperation and participation of all State agencies providing manpower and manpower-related sei'vices in the implementation of comprehensive nuinpower sei-\ices plans by prime sponsors in accoi'dance with the provisions of this Act; (3) set forth an overall State plan for the development and sharing of resources and facilities needed to conduct manpower programs under its direct si)onsor^liip without unnecessary dupli- cation and otherwise in the most efficient and economical manner; (4) provide for' the coordination of programs financed under the Wagner-Peyser Act in accordance with such rules, regula- 99 u'sc 49 ^ tions, and guidelines as the Secretary determines necessary for the purpose of providing coordinated and comprehensive assist- ance to those individuals requiring mani)Ower and manpower- related services to achieve theii- full occupational potential in accordance with the policies of this Act; (5) set foith arrangements for- assisting the Seci'etary in carry- ing out his responsibilities for enfoiring the requii'ement for Fed- ei'al contr'actors and subcontractoivs to list all suitable employment openings with local offices of the State employment service and I)rovide special emphasis, as I'equired in section 2012(a) of title ;58, United States Code; se stat. 1097. (6) set forth arrangements, if any, which the State may desire to provide foi- planning ai-eas to serve geographical regions within the State; and (7) make adequate provision for the coordination of the man- power and related services to be ])rovided by the State in areas to be ser'ved by prime sponsor's other than the State, and that jir'ovision has been made for the establishment of mechanisms to (A) pi'ovide for the exchange of information between States and local governments on State, intrastate, and regional planning in areas such as economic development, human resource develop- ment, education, and such other areas that may be relevant to manpower j)lanning; and (B) promote the coordination of all manpower j)lans in a State so as to eliminate conflict, duplica- tion, and overlapping between manpower services. (c) Funds available to each State undei' section 108(e) may be used for—
846 PUBLIC LAW 93-203-DEC. 28, 1973 [87 STAT. (1) the provision of services under tliis Act tlironoliont the State by State agencies responsible for employment and training and related services; (2) providing financial assistance for special programs and services designed to meet the needs of rural areas outside major labor market areas; (3) developing and ])ublishing information regarding eco- nomic, industrial, and labor market conditions, including but not limited to job opportunities and skill requirements, labor sup- ply in various skills, occupational outlook and employment trends in various occupations, and economic and business development and location trends; (4) providing, without reimbursement and upon request, to any prime sponsor serving an area within the State, such informa- tion and technical assistance as may be appropriate to assist any such prime sponsor in developing and implementing its programs under this Act; and (5) carrying out special model training and employment pro- grams and related services, including programs for offenders simi- lar to programs described in section 301(c) of this Act. (d) The State prime sponsor shall annually certify compliance with all the requirements for State prime sponsors. STATE ^ l A X r O W E R SEKVICES COUXCTL Establishment. c;j-(._ i^()7_ ( a ) ( 1 ) Auy State Avhich desii-es to be designated as a l)rime sponsor and to enter into arrangements with the Secretary under this title shall establish a Manpower Services Council (herein- after referred toias the "Council") which shall exercise the powers and duties set forth in this section. (2) The Council established pursuant to paragraph (1) shall— (A) be appointed by the Governor (who shall designate one member thereof to be Chairman), and shall be composed of— (i) representatives of the units or combinations of units of general local government in such State, who shall comprise at least one-third of the membership of the Comicil. which have comprehensive manpower plans approved under sec- tion 108 (except that the initial appointments to the Council may consist of representatives of units or combinations of units of general local government described in clauses (2), (3), (4), and (5) of section 102(a) which have indicated an intention to submit a plan for approval under section 108). and such representatives shall be designated by the chief executive officers of the units or combination of units of gen- eral local government which qualify for representation under this section in accordance with procedures agreed upon by such chief executive officers; (ii) one representative each of the State board of voca- tional education and the public employment service of such State; (iii) one representative of each such other State agency as the Governor may determine to have a direct intei-est in overall manpower training and utilization within the State; (iv) representatives of organized labor; (v) representatives of business and industry; (vi) rei:)resentativos of conununity-based organizations and of the client community to be served under this Act (including, where persons of limited English-speaking abil-
87 STAT. ] PUBLIC LAW 93-203-DEC. 28, 1973 847 ity represent a substantial portion of the client population, appropriate representation of such persons) ; and (vii) representatives of the general public. (B) be appropriately staffed and serviced by the State prime sponsor; (C) meet at such times and in such places as it deems neces- sary. (b) The Council shall— (1) review the plans of each prime sponsor and the plans of State agencies for the provision of services to such prime spon- sors, and make recommendations to such prime sponsors and agencies for the more eff'ective coordination of efforts to meet the overall manpower needs of the State; (2) continuously monitor the oper-ation of programs conducted by each prime sponsor, and the availability, responsiveness, and adequacy of State services, and make recommendations to the prime sponsors, to agencies pi'oviding manpower services, and to the Governor and the general public with respect to ways to improve the eft'ectiveness of sucli programs or services in fulfilling the purposes of this Act; (3) make an annual report to the Governor which shall be a Report to GOV- public document, and issue such other studies, reports, or docu- ments as it deems advisable to assist prime sponsors or to other- wise help carry out the pur-poses of this Act. REVIEW OF P L A N S SEC. 108. (a) The Secretary shall not approve a comprehensive manpower plan or any amendment thereto until he determines that it meets the requirements of section 105, and in the case of a State plan section 106, and that the plan was submitted to, and an opportu- nity to comment thereon provided, the Governor of the State and appro{)riate oflicials in units of general local government of tlie area to be served. (b) (1) The Secretary shall not finally disapprove any comprehen- Hearing, notice. sive manpower plan submitted under this title, or any modifications thereof, without first affording the prime sponsor submitting the plan reasonable notice and opportunity for a hearing. (2) If the Secretai-y receives a formal allegation from an affected unit of genera] local government that a prime sponsor has changed its comprehensive manpower plan so that it no longer complies with section 105 or that in the administration of the plan there is a failure to comply substantially with any such provision, with any provision of the plan, or with any requirements of section 603 or ("04, he shall, ^°«^ P- ^^S. and, if he receives such an allegation from any other interested person, he may, or, if such allegation is supported by substantial evidence, he shall, after due notice and opportunity for a hearing to the prime sponsor, determine whether the allegation is true. If he determines such an allegation to be true, the Secretary shall notify the prime sponsor that no further payments will be made to the prime sponsor under the plan (or, in his discretion, that further payments will be limited to programs under or portions of the plan not affected bv such failure), until he is satisfied that there will no longer be any failure to comply. Until he is so satisfied, the Secretary shall make no further payments to such sponsor under the plan (or shall limit payments to programs under the plan not affected by the failure). (c) The Secretary shall not disapprove any plan solely because of the percentage of funds devoted to a particular program or activity authorized under section 101 of this Act. (d) Whenever the Secretary determines, after notice and oppor-
848 PUBLIC LAW 93-203-DEC. 28, 1973 [87 STAT. tunity for a public hearing, that any prime sponsor designated to serve under this Act is— (1) maintaining a pattern or practice of discrimination in vio- lation of section 603(1) or section 612(a) of this Act or otherwise failing to serve equitably the economically disadvantaged, unemployed, or underemployed persons in the area it serves; (2) incurring unreasonable administrative costs in the conduct of activities and programs, as determined pursuant to regulation; (3) failing to give due consideration to continued funding of programs of demonstrated effectiveness including those previ- ously conducted under provisions of law repealed by section 614 of this Act; or (4) otherwise materially failing to carry out the purposes and provisions of this Act; the Secretary shall revoke the prime sponsor's plan for the area, in whole or in part, and to the extent necessary and appropriate shall not make any further payments to such prime sponsor under this Act, and he shall notify such sponsor to return to him all or part of the unexpended sums paid under this Act during that fiscal year. JUDICIAL REVIEW SEC. 109. (a) If any prime sponsor is dissatisfied with the Secre- tary's final action w4th respect to the approval of its compi'ehensive manpower plan submitted under section 105 or section 106 or with his final action under section 108, such prime sponsor may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in wliicli the prime sponsor is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. Thereupon the Secretary shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28. United Jl^'"';lV'- States Code. (b) The findings of fact by the Secretary, if supported by substan- tial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. (c) The court shall have juiisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of 62 Stat. 928. ^j^|^, 28, United States Code. A U T H O R I T Y OF SECRETARY TO PROVIDE SERVICES SEC. 110. (a) In any area of a State which has not qualified as a ])iime sponsor- and for which no other prime sponsor has qualified under paragr'aph (2), (3), (4), or (5) of section 102(a) or where the Secretary has taken an action under subsection ( b ) ( 2 ) or (d) of section 108 which results in such services not being provided in such area, the Secretary is authorized and directed out of funds allotted to such State or- local area under section 103(a) to provide for continuing programs by making payments directly to public and private nonprofit agencies and organizations conducting activities w*hich he determines are not in violation of the requirements of this section. To the extent necessary to assure the delivery of services in the areas served by any prime sponsor- subject to the provisions of this section, the Secretary is author-
87 STAT. ] PUBLIC LAW 93-203-DEC. 28, 1973 849 ized (if no other eligible prime sponsor is designated under section 102 of this Act to serve such area) to make grants to and enter into contracts with public and private nonprofit agencies and organizations in the same manner and to the same extent as if the Secretary were the prime sponsor for that area. (b) The Secretai-y shall, prior to making anjr payments under this Act for any fiscal year, enter into an agreement with any prime sponsor receiving payments under this Act which contains provisions adequate to assure that the provisions of this section are carried out effectively. ALLOWANCES SEC. 111. (a) Basic weekly allowances for individuals receiving training or education under this title for which no wages are payable shall be at a rate prescribed by the Secretary which'when added to amounts received by the trainee in the form of unemployment compen- sation payments shall equal the minimum wage for a work week of forty hours under section 6(a) (1) of the F a i r Labor Standards Act of 1938 or, if higher, under the applicable State or local minimum wage ^^ ^^^^ ^^^ law, and such basic allowances shall, in the case of an individual with 29 use 206. dependents, be increased by $5 a week for each dependent over two up to a maximum of four additional dependents. The prime sponsor may waive the payment of all or part of the allowances when it determines, under regulations prescribed by the Secretary, that such waiver will promote the purposes of this Act. Trainees receiving public assistance or whose needs or income are taken into account in determining such public assistance payments to others, shall receive an incentive allow- ance of $S0 per week. Such allowance shall be disregarded in deter- mining the amount of public assistance payments under Federal or Federally assisted public assistance programs. In prescribing allow- ances, the prime sponsor shall, in accordance with regulations presciibed by the Secretary, allow additional sums for special circum- stances such as exceptional expenses incurred by trainees, including but not limited to meal and travel allowances, or he may reduce such allowances by an amount reflecting the fair value of meals, lodging, or other ne<*essaries furnished to the trainee. The prime sponsor shall take such action as may be necessary to insure that such persons receive no allowances with respect to periods during which they are failing to participate in such programs, training, or instruction as pre- scribed herein without good cause. Notwithstanding the preceding provisions of this subsection, the prime sponsor shall, in accordance Avith sucli I'egulations as the Secretary shall prescribe, make such adjustments as he deems appropriate in allowances which would other- wise be payable under this title, including but not limited to adjust- ments which take into account the amount of time per week spent by the individual participating in such programs and adjustments to reflect the special economic circumstances which exist in the area in which the program is to be carried on. Allowances shall not be paid for any course of training having a duration in excess of one hundred and four weeks. (b) Individuals receiving training on the job shall be compensated by the employer at such rates, including periodic increases, as may be (leemed reasonable under regulations prescribed by the Secretary, con- sidering such factors as industry, geographical region, and trainee proficiency, but in no event at a rate less than that specified in section 0(a) (1) of the Fair Labor Standards Act of 1938 or, if higher, under the applicable State or local minimum wage law. 22-150 0 - 7 5 - 5 6
850 PUBLIC LAW 93-203-DEC. 28, 1973 [87 STAT. S U I T L E M E N T A L VOCATIOXAL EDUCATION ASSISTANCE Grants to Gov- gjj^- 112. (a) Fi'om the fviiids available to liim for this section, the emors. Secretary shall make grants to Governors to provide financial assist- ance, through State vocational education boards, to i)rovide needed vocational education services in areas served by prime sponsors. (b) All of the sums available to carry out this section shall be allotted among the States in the manner provided for allotting funds under section 103 ( a ) . (c) Funds available under this section shall be used only for pro- viding vocational education and services to participants in programs under this title in accordance with an agreement between the State vocational education board and the prime sponsor. T I T L E I I — P I ' B L I C EMPLOYJSIENT P R O G R A M S STATEMENT OF PURPOSE SEC. 201. It is the purpose of this title to provide unemployed and undei-employed persons with transitional employment in jobs provid- ing needed public services in areas of substantial unemployment and, wherever feasible, related training and manpower services to enable such persons to move into employment or training not supported under this title. ALLOCATION OF F U N D S SEC. 202. (a) Eighty per centum of funds available for any fiscal year under this title shall be allocated among eligible applicants in accordance with the number of unemployed residing in areas of sub- .-tautial unemployment within the jurisdiction of the applicant com- j)ared to the number of unemployed residing in all such areas. (b) The lemainder may be distributed by the Secretary in his discre- tion taking into account the severity of unemployment within such areas. F I X A X C I A L ASSISTANCE SEC. 203. (a) The Secretary shall enter into arrangements with eligible applicants in accordance with the provisions of this title in order to make financial assistance available in areas of substantial unemployment for the ]iurpose of providing transitional employment for unemployed and under-employed persons in jobs providing needed public services, and training and manpower services related to such euiploymeut which are otherwise unavailable, and enabling such per- sons to move into employment or training not supported under this title. (b) Xot less than 90 ])er centum of the funds appropriated pursuant to this title which are used by an eligible applicant for public service euiploymeut programs shall be expended only for wa.<ies and employ- ment benefits to persons employed in public service jobs pursuant to this title. ELIGIBLE APPLICANTS S F ( \ 204. (a) Financial assistance under this title may be provided by the Seci-etary only pursuant to applications submitted by eligible ap])licants which are— (1) piime sponsors qualified under title T; or (2) Indian tribes on Federal or State reservations and which include areas of substantial unemployment. (b) For fiscal year 1974, eligible applicants include any entity eligible to be a prime sponsor under section 102 (a).
87 STAT. ] PUBLIC LAW 93-203-DEC. 28, 1973 851 (c) For the purpose of this title ''areas of substantial uneniploy- ^^'^^^Zrunlmpioy- ineiit" means any area of sufficient size and scope to sustain a public ment." service employment program and which has a rate of unemployment equal to or in excess of 6.5 per centum for three consecutive months as determined by the Secretary. Determinations concerning the rate of unemployment shall be made by the Secretary at least once each fiscal year. (d) (1) Whenever an area of substantial unemployment within the jurisdiction of an eligijjle applicant is also within the jurisdiction of a unit of general local government or a combination of such units having a population of 50,000 or more (but less than that necessary to qualify as a prime sponsor under title I ) , the eligible applicant shall delegate to such unit or units of general local government the functions of program agent with respect to the funds allocated to sucli eligible applicant on account of such area of substantial unemployment. (2) For purposes of this subsection the functions of program agent include the administrative responsibility for developing, funding, overseeing, and monitoring programs within the area but such func- tions shall be carried on consistently with the application for financial assistance which shall be developed by the eligible applicant in coop- eration with the program agent. (3) Whenever two or more units of general local government qualify as program agents with respect to the same area of substantial unem- ployment the provisions of section 102(b)(2) shall be applicable. (e) Whenever the Secretary makes any determination i-equ.ii'cd by Notice to con- this section, he shall promptly notify the (Congress and shall publish fn^peder^i Re^gis" such determination in the Federal Register. ter. APPLICATIONS SEC. 205. (a) Financial assistance under this title may be provided by the Secretary for any fiscal year only pursuant to an application which is submitted by an eligible applicant and which is approved by the Secretary in accordance with the provisions of this title. Any such application shall set forth a public service employment program designed to provide emT)loyment, in jobs providing needed public services, for persons residing in areas of substantial unemployment who have been unemployed for at least thirty days and, where appro- priate, training and manpower services related to such employment which are otherwise unavailable, and to enable such persons to move into employment or training not supported under this title. (b) Programs assisted under this title shall, to the extent feasible, be designed with a view toward— (1) developing new careers, or (2) providing opportunities for career advancement^ or (3) providing opportunities for continued training, including on-the-job training, or (4) providing transitional public service employment which will enab-e the individuals so employed to move into public or private employment oi- training not supported under this Act. (c) An application for financial assistance for a public service employment program under this title shall include provisions setting forth— (1) assurances that the activities and services for which assist- ance is sought under this title will be administered by or undei- the supervision of the applicant, identifying any agency or insti- tution designated to carry out such activities or services under such supervision; (2) a description of the area to be served by such programs, and a plan for effectively serving on an equitable basis the significant
852 PUBLIC LAW 93-203-DEC. 28, 1973 [87 STAT. segments of the population to be served, including data indicating the number of potential eligible participants and their income and employment status; (3) assurances that only persons residing within the areas of substantial unemployment qualifying for assistance will be hired to fill jobs created under this title, and that the public services provided by such jobs shall, to the extent feasible, be designed to benefit the residents of such areas; (4) assurances that special consideration will be given to the filling of jobs which provide sufficient prospects for advancement or suitable continued employment by providing complementary training and manpower services designed to (A) promote the advancement of participants to employment or training opportu- nities suitable to the individuals involved, whether in the public or private sector of the economy, (B) provide participants with skills for which there is an anticipated high demand, or (C) pro- vide participants with self-development skills, but nothing con- tained in this paragraph shall be construed to preclude persons or programs for whom the foregoing goals are not feasible or appropriate; Veterans, spe- ^5^ assurauces (A) that special consideration in filling transi- uon. °"^' ^"^^ tional public service jobs will be given t o unemployed persons who served in the Armed Forces in Indochina or Korea on or after August 5, 1964, in accordance with criteria established by the Secretary (and who have received other than dishonorable dis- charges) , and a description of the specific steps to be undertaken during such fiscal year to provide such special consideration, and of the types of jobs to be made available to such veterans, with special emphasis on the development of jobs which will utilize, to the maximum extent feasible, the skills which such veterans ac<iuired in connection with their military training and service, and (B) that the applicant shall (i) make special efforts to acquaint such veterans with the program and the public service jobs available to veterans under this Act, and (ii) coordinate efforts in behalf of such veterans with those activities authorized 38 use 20^0f' ^y chapter 41 of title 38, United States Code (relating to Job Coimseling and Employment Services for Veterans), or carried out by other public or private organizations or agencies; (6) assurances that, to the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private sector as the unemployment rate recedes; (7) assurances that special consideration in filling transitional public service jobs will be given to unemployed persons who are the most severely disadvantaged in terms of the length of time they liave been unemployed and their pi'ospects for finding em])loynient without assistance under this title, but such special consideration shall not authoi'ize the hiring of any person when any other peison is on lay-off from the same or any substantially equivalent job; (8) assurances that no funds received under this title will be used to hire any person to fill a job opening created by the action of an employer in laying oft' or terminating the employment of any ivgular employee not supported under this title in anticipa- tion of filling the vacancy so created by hiring an employee to be su])ported under this title; (9) assurances that due consideration be given to persons who have participated in mani)ower training programs for whom employment opportunities would not be otherwise immediately available;
87 STAT. ] PUBLIC LAW 93-203-DEC. 28, 1973 853 (10) a (lo.s('i'i[)tiou of the luotliods to be used to recruit, select, and orient participants, including specific eligibility criteria, and programs to prepare the participants for their job responsibili- ties; (11) a description of unmet pnblic serxico needs and a state- ment of priorities among such needs; (12) a description of jobs to be filled, a listing of the major kinds of Avoiiv to be performed and skills to be acqnired and the a[)proximate dnration for \vhich participants would be assigned to such jobs; (13) the wages or salaries to be paid persons emj)loyed in pub- lic service jobs under this title and a comparison with the Avages paid for similar public occupations by the same em]jloyer; (14) where appropriate, the education, training, and support- ive services (including counseling and healtli care services) which complement the work performed; (15) the planning for and training of supervisory personnel in working with participants; (16) a description of career opportunities and job advancement potentialities for participants; (17) assurances that procedures established pursuant to sec- tion 207(a) will be complied with; (18) assurances that agencies and institutions to whom finan- cial assistance is made available under this title have undertaken, or will undertake, analyses of job descriptions and revaluations and, where shown necessary, revisions of qualification require- ments at all levels of employment, including civil service require- ments and practices relating thereto, in accordance with regulations prescribed by the Secretary, Avith a view toward removing artificial bari'iers to public employment of those whom it is the purpose of this title to assist; (19) assurances that the applicant will, where appropriate, maintain or provide linkages with upgrading and other man- power i^rograms for the purpose of (A) providing those persons employed in public service jobs under this title who want to pur- sue work with the employer, in the same or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (B) providing those pei'sons so employed who do not wish to pursue permanent careers in such field, with opportunities to seek, prepare for, and obtain Avork in other fields; (20) assui-ances that all persons employed under any such j)ro- gram, other than necessary technical, supervisory, and adminis- trative personnel, Avill be selected from among unemployed and underemployed persons; (21) assurances that the program Avill, to the maximum extent feasible, contribute to the elimination of artificial barriers to employment and occupational adA^ancement, including civil serv- ice requirements Avhich restrict employment opportunities for the disadvantaged; (22) assurances that not more than one-third of the partici- pants in the program Avill be einployed in a bona fide professional capacity (as such term is used in section 13(a)(1) of tlie Fair Labor Standards Act of 1938), except that this paragraph shall ^s stat. 7i; not be applicable in the case of particij^ants employed as class- 29 use 213. room teacners, and the Secretary may Avaive this limitation in exceptional circumstances; (23) a description of the manpoAver needs of local gOA-ernments and of local educational agencies Avithin the area to be served together Avith the comments of such gOA-ernments and ao-encies
854 PUBLIC LAW 93-203-DEC. 28, 1973 [87 STAT. where appropi-iate, and assnrancos tlint jobs will bo allocated e(iuitably to sucli governments and agencies taking into account the number of unemployed ^Yithin their jurisdi<^tions and the needs of the agencies; (24) assurances that the jobs in each job category in no way infringe upon the promotional opportunities Avhich woidd other- wise be availa})le to persons currently employed in public service jobs not subsidized under this title, and assurances that no job will be filled in other than an entry level position in each job category until applicable personnel procedures and collective bar- gaining agreements have been complied with; (25) assurances that jobs funded under this title are in addition to those that would be funded by the sponsor in the absence of assistance under this Act; and (26) such other assurances, arrangements, and conditions, con- sistent with the provisions of this title, as the Secretary deems necessary, in accordance with such regulations as he shall prescribe. ArPEOVAL OF A r P I J C A T I O X S SKC. 20(). An application, or modification or amendment thereof, for financial assistance under this title may be approved only if the Sec- retary determines that— (1) the application meets the requirements set forth in this title; (2) an opportimity has been provided to officials of the appro- priate units of general local government to submit comments with respect to the application to the applicant and to the Secretary: (3) an opportimity has been provided to the Governor of the State to submit comments with respect to the application to the applicant and to the Secretary; and (4) where a labor organization represents employees who are engaged in similar work in the same area to that proposed in the application, an opportunity has been provided such organization to submit comments with respect to the application to the appli- cant and to the Secretary. SPECIAL RESPOXSIBILITIKS OF T H E SEClUrrARY SEC. 207. (a) The Secretary shall establish procedures for periodic reviews by an appropriate agency of the status of each person employed in a public service job under this title to assure that iai the event that any person employed in a public service job under this title and the reviewing agency find that such job will not provide sufficient prospects for advancement or suitable continued employment, maxi- mum efforts shall be made to locate employment or training oppor- tunities providing such prospects, and such person shall be offered appropi'iate assistance in securing placement in the opportunity wdiich he chooses after appropriate counseling. (b) The Secretary shall revieAV the implementation of the proce- dures established under subsection (a) of this section six months after funds are first obligated under this title and at six-month intervals thereafter. Indians, public (e) Whcrc the Secretary determines that an Indian tribe on a m^ent"ro^^ams7 Fodoral or State reservation is unable to submit an application to assistance. caiTy oiit a public sei'vice em])loyment ])rogram which meets the requirements of section 205. the Seci-etary shall assist such tribe in pre- paring, submitting, and implementing a public service employment program. The provisions of section 20S shall api)ly to programs car- i"ied out under this subsection.
87 STAT.] PUBLIC LAW 93-203-DEC. 28, 1973 855 SPECIAL CONDITIOXS SEC. 208. (a) The Secretary shall not provide financial assistance for any program or activity nnder this title unless he determines, in accordance with such regulations as he shall prescribe, that— (1) the program (A) will result in an increase in emj;)Ioyment opportunities over those opportunities which would otherwise be available, (B) Avill not result in the displacement of currently employed workers (including partial displacement such as a reduction in the hours of non-overtime work or wages or employ- ment benefits), (C) will not impair existing contracts for services or result in the substitution of Federal for other funds in connec- tion Avitli work that would otherwise be performed, and (D) will not substitute public service jobs for existing federally assisted (2) persons employed in public service jobs under this Act shall be paid wages which shall not be lower than whichever is the highest of (A) the minimum wage which would be applicable to the employee under the Fair Labor Standards Act of 1938, if 52 Stat. 1050; 63 Stat. 910. section 6(a) (1) of such title applied to the participant and if he 29 u s e 201 were not exempt under section 13 thereof, (B) the State or local note. 29 u s e 206. minimum wage for the most nearly comparable covered employ- 29 u s e 213. ment, or (C) the prevailing rates of pay for persons employed in similar public occupations by the same employer; (3) funds under this title will not be used to pay persons employed in public service jobs under this title at a rate in excess of $10,000 per year; (4) all persons employed in public service jobs under this title will be assured of workmen's compensation, health insurance, unemployment insurance, and other benefits at the same levels and to the same extent as other employees of the employer and to working conditions and promotional opportunities neither more nor less favorable than such other employees enjoy; (5) the provisions of section 2 ( a ) ( 3 ) of Public Law 89-286 79 Stat. 1034. (relating to health and safety conditions) shall apply to such 41 u s e 351. program or activity; (6) the program will, to the maximum extent feasible, con- tribute to the occupational development or upward mobility of individual participants; (7) no funds under this title will be used for the acquisition of, or for the rental or leasing of supplies, equipment, materials, or real property; and (8) every participant shall be advised, prior to entering upon employment, of his rights and benefits in connection with such employment. (b) Consistent with the provisions of this title, the Secretary shall make financial assistance under this title available in such a manner that, to the extent practicable, public service employment opportuni- ties will be available on an equitable basis in accordance with the pur- poses of this title among significant segments of the population of unemployed persons, giving consideration to the relative numbers of unemploved persons in each such segment. (c) Where a labor organization represents employees who are Labor organiza- engaged in similar work in the same area to that proposed to be per- tions, notifica- tion. formed under any program for which an application is being devel- oped for submission under this title, such organization shall be notified nnd afforded a reasonable period of time prior to the submission of the a]:)plication in which to make comments to the applicant and to the Secretary. (d) The Secretary shall prescribe regulations to assure that pro- Regulations,
856 PUBLIC LAW 93-203-DEC. 28, 1973 [87 STAT. grams under this title have adequate internal administrative controls, accounting requirements, personnel standards, evaluation procedures, and other policies as may be necessary to promote the effective use of funds. Periodic reports. ^g^ rpj^g Secretary shall not provide financial assistance for any pro- gram under this title unless he determines, in accordance with regula- tions which he shall prescribe, that periodic reports will be submitted to him containing data designed to enable the Secretary and the Con- gress to measure the relative and, where programs can be compared appropriately, comparative effectiveness of the programs authorized under this title and other federally supported manpower programs. Such data shall include information on— (1) characteristics of participants including age, sex, race, health, education level, and previous wage and employment experience; (2) duration in employment situations, including information on the duration of employment of program participants for at least a year following the termination of participation in federally assisted programs and comparable information on other employees or trainees of participating employers; and (3) total dollar cost per participant, including breakdown between wages, training, and supportive services, all fringe bene- fits, and administrative costs. The Secretary shall compile such information on a State, regional, and national basis, and shall include such information in the report required by section 209 of this title. Discrimination, ?f\ ^}^^ Secretary shall not provide financial assistance for any prohibition. program under this title unless the grant, contract, or agreement with respect theieto specifically provides that no person with responsibilities in the opei-ation of such program will discriminate with respect to any program participant or any applicant for participation in such pro- gram because of race, creed, color, national origin, sex, political affiliation, or beliefs. (g) The Secretary shall not provide financial assistance for any program undoi- this title which involves political activities; and neither the program, the funds provided therefor, nor personnel employed in the administration thereof, shall be, in any way or to any extent, engaged in tlie conduct of political activities in contravention of chap- 80 Stat. 403 ter 15 of title 5, Ignited States Code. 5 u s e 1501 (h) The Secretary shall not provide financial assistance for any program under this title unless he determines that participants in the pi-ogram will not be employed on the construction, operation, or main- tenaiuM' of so much of any facility as is used or to be used for sectarian instiMiction or as a i)lace for religious worship. SPECIAI. REPORT gresT'''° ^°"' ^^"'^^ '•^*^'^- '^^^ Secretary shall transmit to the Congress at least annually a detailed report setting forth the activities conducted under this title, including information derived from evaluations required by this title and information on the extent to which (1) participants in such activities subsequently secure and retain public or private employment or participate in training or employability development pi'ograms, (2) segments of the population of unemployed persons are provided public service opportunities in accordance with the purposes of this title.
87 STAT. ] PUBLIC LAW 93-203-DEC. 28, 1973 857 U T I L I Z A T I O N OF F U N D S SEC. 210. Funds available under this title to an eligible applicant may, at its option, be utilized for residents of the areas of substantial unemployment designated under this title for programs authorized under title I and part A of title I I I of this Act. SPECIAL PROVISION SEC. 211. The determinations to be made under section 204(c) shall take into account the rate of unemployment for a period of three consecutive months even though all or part of such period may have occurred prior to the enactment of this Act. TITLE III—SPECIAL FEDERAL RESPOXSIBILITIES PART A—SPECIAL TARGET GROUPS SPECIAL ] \ r A N P 0 W E R TARGET GROUPS SEC. 301. (a) The Secretary shall use funds available under this title to provide additional manpower services as authorized under titles I and I I to segments of the population that are in particular need of such services, including youth, offenders, persons of limited English- speaking ability, older workers, and other persons which the Secretary determines have particular disadvantages in the labor market. The Secretary shall take into account the need for continued funding of programs of demonstrated effectiveness. (b) With respect to programs for persons of limited English-speak- ing ability under this Act, the Secretary shall establish appropriate procedures to ensure that participants are provided with manpower training and related assistance and supj)ortive services (where feasi- ble, at times designed to meet the needs of individuals unable to attend during normal Avorking hours) designed to increase the employment and training opportunities for unemployed and underemployed per- sons of limited English-speaking ability, including (A) the teaching of occupational skills in the primary language of such persons for occupations which do not require a high proficiency in English, and (B) dev'eloping new employment opportunities for limited English- speaking persons and opportunities for promotion within existing employment situations for such j^ersons, including programs for the dissemination of appropriate information, and job placement, and counseling assistance, and the conduct of training and employment programs, in the primary language of such persons, as well as pro- grams designed to increase the English-speaking ability of such persons. (c) With respect to i)rograms for offenders referred to in subsec- tion ( a ) , the Secretary shall establish appropriate procedures to insure that participants aie provided Avith such manpower training and related assistance and support services (including basic education, drug addiction or dependency rehabilitation, health care and other services) Avhich Avill enable them to secure and obtain meaningful omplo^nnent. To ensure the objectives of this subsection, the Secretary may, Avherever feasible, provide for appropriate arrangements wdth employers and labor organizations, appropriate parole, probationary and judicial authorities, and for the utilization of training equipment comparable to that currently used for the job in which training is furnished. To support such programs, the Secretary shall develop information concerning the special needs of offenders for such services, including special studies regarding the incidence of unemployment
858 PUBLIC LAW 93-203-DEC. 28, 1973 [87 STAT. among offenders and the means of increasino- employment opx^ortu- nity for offenders. (d) The Secretary shall carry out fully and effectively his responsi- bilities for the assignment of assistant veterans employment represent- 86 Stat. 1094. atives under section 2003 of title 38, United States Code, and his other 38 use 2001. i-esponsibilities under chapter 41 of such title and for the listing of all suitable employment openings with local offices of the State employ- ment service by Federal contractors and subcontractors and providing 86 Stat. 1097. for the special emphasis as required by section 2012(a) of such title. IXDIAX MANPOWER PROGRAMS SKV. 302. (a) The (^ongress finds that (1) serious unemployment and economic disadA'antage exist among members of Indian and Alaskan native communities; (2) there is a compelling need for the establishment of comprehensive manpower training and employment progi-ams for members of those communities; (3) such programs are essential to the reduction of economic disadvantage among individual members of those communities and to the advancement of economic and social development in these communities consistent with their goals and life styles. (b) The Congress therefore declares that, because of the special rela- tionship between tlie Federal Government and most of those to be served by the provisions of this section, (1) such programs can best be administered at the national level; (2) such programs shall be available to federally recognized Indian tribes, bands, and individuals and to other gi'oups and individuals of native American descent such as, but not limited to, the Lummis in Washington, the Menominees in Wisconsin, the Klamaths in Oregon, the Oklahoma Indians, the Pas- samaquoddys and Penobscots in Maine, and Eskimos and Aleuts in Alaska; (3) such pi'ograms shall be administered in such a manner as to maximize the Federal commitment to support growth and devel- opment as determined by representatives of the communities and groups served by this part. (c) (1) I n carrying out his responsibilities under this section, the Secretary shall, wherever possible, utilize Indian tribes, bands or groups (including Alaska Native villages or groups as defined in the Alaska Native Claims Settlement Act of December 18, 1971 (85 Stat. 43 use 1601 C)S8)) having a governing body, for the provision of manpower serv- ices under this title. When the Secretary determines that sudi tribe, band, or group has demonstrated the capability to eff'ectively admin- ister a comprehensive manpower program, he shall require such tribe, band, or group to submit to him a comprehensive plan meeting the requirements of section 105. (2) In carrying out his responsibilities under this section the Sec- retary shall make arrangements with prime sponsors and organiza- tions (meeting requir-ements prescribed by the Secretary) serving non-reservation Indians for programs and projects designed to meet the needs of such Indians for employment and training and related services. (d) Whenever the Secretary determines not to utilize Indian tribes, bands, or groups for the provisions of manpower services under this section, he shall, to the maximum extent feasible, enter into arrange- ments for the provision of such services with public or private non- profit agencies which meet with the approval of the tribes, bands, or groups to be served. (e) The Secretary is directed to take appropriate action to establish administrative procedures and machinery (including personnel hav- ing particular competence in this field) for the administration of Indian manpower programs authorized under this Act.
87 STAT. ] PUBLIC LAW 93-203-DEC. 28, 1973 859 (f) Funds available for this section shall be expended for programs and activities consistent with the purposes of this part, including but not limited to such programs and activities carried out by eligible applicants under other provisions of this Act. (g) F o r the purpose of carrying out this section, the Secretary shall reserve from funds available for this title an amount equal to not less than 4 percent of the amount allocated pursuant to section 103(a)(1). (h) No provision of this section shall abrogate in any way the trust responsibilities of the Federal Government to Indian bands or tribes. M I G R A N T AND SEASONAL F A R M W O R K E R M A N P O W E R PROGRAMS SEC. 303. (a) The Congress finds and declares that— (1) chronic seasonal unemployment and underemployment in the agricultural industry, substantially affected by recent advances in technology and mechanization, constitute a substantial portion of the Nation's rural manpower problem and substantially affects the entire national economy; (2) because of the special nature of certain farmworker man- power problems such programs can best be administered at the national level. (b) (1) Funds available for this section shall be expended for pro- grams and activities consistent with the purposes of this section, including but not limited to progiams and activities carried out b}' eligible applicants under other provisions of this Act. (2) For the purpose of carrying out this section, the Secretary shall T-eserve fi-om funds available for this title an amount equal to not less than 5 percent of the amount allocated pursuant to section 103(a)(1). Y O U T H PROGRAMS AND OTHER SPECIAL PROGRAMS SEC. 304. (a) The Secretary may pi'ovide financial assistance in urban and rural areas, including areas having large concentrations or proportions of low-income, unemployed persons, and rural areas having substantial outnrigration to lu'ban areas, for comprehensive work and training programs, and necessary supportive and follow-up ser-vices, irrcluding the following: (1) programs to provide part-time employment, on-the-job training, and useful wor-k exper-ience for students from low-income families who are in tlie nirrth through twelfth grades of school (or are of an age equivalent to that of students in such grades) and who are in need of the earnings to permit them to r-esume or maintain attendance in school; (2) programs to provide imemployed. underemployed, or low- income per-sons (aged sixteen and over) with useful work and training (which must include sufficient basic education and insti- tutional or on-the-job training) designed to assist those persons to develop their maximum occupational potential and to obtain r-egular competitive employment; (3) jobs, including those in recreation and related programs, for economically disadA'antaged youths during tlie summer months; (4) special programs which involve work activities directed to the needs of those chronically unemployed poor who have poor employment prospects and are unable, because of age, lack of employment opportunit}-, or otherwise, to secure appr-opr-iate em])loyment or tr-aining assistance under otlier progranrs, and which, in addition to other services ])rovided, will enable sucli persons to participate in projects for the betterment, physical
860 PUBLIC LAW 93-203-DEC. 28, 1973 [87 STAT. improvement, or beautification of tlie community or areas served by the program; (5) special programs which provide unemployed or low-income persons with jobs leading to career opportunities, including new types of careers, in programs designed to improve the physical, social, economic, or cultural condition of the community or area served; (6) special services, when required, for middle-aged and older men and women, including recruitment, placement, and counsel- ing for such persons who are unemployed as a result of the clos- ing of a plant or factory or a permanent large-scale reduction in the work force of a locality, and provide grants to or contracts with prime sponsors to assist such sponsors in securing part- time or temporary employment for middle-aged and older per- sons ; and (7) other manpower programs conducted by community-based organizations. (b) To the maximum extent feasible, programs or components of programs conducted under this section shall be linked to comprehen- sive work and training programs conducted by prime sponsors under title I of this Act, but the Secretary may provide financial assistance to a public agency or private organization other than a prime sponsor to carry out one or more component programs described in subsection (a) when he determines, after soliciting and considering comments of the appropriate prime sponsor, if any, that such assistance would enhance program effectiveness. I n the case of programs under subsec- tion (a) (1) of this section, financial assistance may be provided directly to local or State education agencies, after consultation with the Secretary of Health, Education, and Welfare, for tlie operation of such programs. C O N S U L T A T I O N W I T H SECRETARY OF H E A L T H , E D U C A T I O N , A N D W E L F A R E SEC, 306. The Secretary of Labor shall consult with the Secretary of Health, Education, and Welfare, with respect to arrangements for services of a health, education, or welfare character under this Act, and the Secretary of Health, Education, and Welfare shall solicit the advice and comments of State educational agencies with respect to education services. Such services include but are not limited to basic or general education; educational programs conducted for offenders; institutional training; health care, child care, and other supportive services; and new careers and job restructuring in the health, educa- tion, and welfare professions. When the Secretary of Labor arranges for the provision of basic education and vocational training directly, pursuant to the provisions of this title, he shall obtain the approval of the Secretary of Health, Education, and Welfare for such arrangements. PART B—KESEARCH, TRAINING, AND EVALUATION RESEARCH SEC. 311. (a) To assist the Nation in expanding work opportunities and assuring access to those opportunities for all who desire it, the Secretary shall establish a comprehensive program of manpower research utilizing the methods, techniques, and knowledge of the behav- ioral and social sciences and such other methods,, techniques, and knowledge as will aid in the solution of the Nation's manpower prob- lems. This program will include, but not be limited to, studies, the find- ings of which may contribute to the formulation of manpower policy; development or improvement of manpower programs; increased
87 STAT. ] PUBLIC LAW 93-203-DEC. 28, 1973 861 knowliMloe about labor market pi'oct^sses: rcMluctioii of unciupJoymeiit and its relationships to price stability; promotion of more effective manpower de\elopment, training, and utilization; impro\ed national, regional, and local means of measuring future labor demand and sup- ply; enhancement of job opportunities; skill training to qualify employees for positions of greater skill, responsibility, and remunera- tion; meeting of manpower shortages; easing of the transition from school to work, from one job to another, and from work to retirement, opportunities and services for older persons who desire to enter or i-eenter the labor force, and for improvements of opportunities for employment and advancement through the reduction of discrimina- tion and disad\antage arising from poAerty, ignorance, or prejudice. (b) The Secretary shall establish a program of experimental, devel- Experimental opmental, demonstration, and pilot projects, through grants to or con- P'""^''^'"- tracts with public or private non-profit organizations, or through contracts with other private organizations, for the purpose of improv- ing techniques and demonstrating the effectiveness of specialized methods in meeting the manpower, employment, and training prob- lems, however, nothing in this subsection shall authorize the Secretary to carry out employment programs experimenting with subsidized wages in the private sector or with wages less than those established by the Fair Labor Standards Act of 19;58. as amended, for employ- 52 stat. loiso. ment sub]ect to that Act. I n carrying out this subsection Avith respect to programs designed to provide employment and training opportuni- ties for low-income people, the Secretary shall consult with such other agencies as may be appropriate. Where programs under this section require institutional training, appropriate arrangements for such training shall be agreed to by the Secretary of Labor and the Secretary of Health, Education, and Welfare. (c) The Secretary is authorized to conduct, either directly or by j^^^'""^""" evaiua- way of contract, gi'ant, or other arrangement, a thorough evaluation of all programs and activities conducted pursuant to this Act to deter- mine the effectiveness of such programs and activities in meeting the special needs of disadvantaged, chronically unemployed, and low- income ])ersons for meaningful employment opportunities and sup- ])ortive serxices to continue or resume their education and employment and to become more responsible and productive citizens. (d) The Seci'etary shall conduct such research and investigations as giA^e promise of furthering the objectives of this Act either (lirectly or through grants, contracts, or other arrangements. T.AlVOK M A R K E T STATISTICS AXD J O B B A N K SEC. 312. (a) The Secretary shall develop a comprehensive system of labor market information on a national. State, local, or other appro- priate basis, which shall be made publicly available in a timely fashion. (b) I n addition to the monthly national unemployment statistics, the Secretary shall develop reliable methods, including the use of selected sample surveys, to produce more statistically accurate data on unemployment, underemployment and labor demand by State, local, and poverty areas. (c) The Secretary shall develop preliminary data for an annual statistical measure of labor market related economic hardship in the nation. Among the factors to be considered in developing such a meas- ure are unemployment, labor force participation, involuntary part- time emplo^-ment. and full-time employment at less than poverty wafres.
862 PUBLIC LAW 93-203-DEC. 28, 1973 [87 STAT. bud°ef d^"!*^ (d) The Secretary shall develop methods to establish and maintain " ^^ ^ ^' more comprehensive household budget data at different levels of liv- ing, including a level of adequacy, to reflect the differences of house- hold living costs in regions and localities, both urban and rural. Sums set aside, (e) The Secretary shall set aside, out of sums available to the depart- cong'rTss!"^ ° mcut for any fiscal year including sums available under section 4(e) of this Act, an amount which he determines is necessary and appro- priate to enable him to carry out the provisions of this section, and shall no later than sixty days after such sums are appropriated and made available notify the appropriate committees of the Congress of the amount so set aside and the basis for his determination of need and appropriateness. re^Tona\°co^' ^^^ '^^^^ Secretary shall report to the Senate Committee on Labor mittees. and Public Welfare and to the House Committee on Education and Labor the results of his efforts under subsections ( a ) , ( b ) , and (c) of this section by December 31,1974. Job bank; match- (g) xiic Secretary shall establish and carry out a nationwide com- '"irtTbiTshment. puterizcd job bank and matching program (utilizing the listing of all suitable employment openings with local offices of the State employ- ment service by Federal contractors and subcontractors and pro- viding for the special emphasis as required by section 2012(a) of title 86 Stat. 1097. ,",8, Uuitcd Statcs Code) on a regional, State, and local basis, using electronic data processing and telecommunications systems to the maxi- nnim extent possible for the purpose of identifying sources of available l)ersons and job vacancies, providing an expeditious means of match- ing the qualifications of unemployed, underemployed, and economi- cally disadvantaged i)ersons with employer requirements and job oppoitunities, and referring and placing such persons in jobs. EVALUATION SEC. 313. (a) The Secretary shall provide for the continuing evalua- tion of all programs and activities conducted pursuant to this Act, including their cost in relation to their effectiveness in achieving stated goals, their impact on communities and participants, their implication for related programs, the extent to which they meet the needs of per- sons of various ages, and the adequacy of the mechanism for the Program compar- Jelivcry of serviccs. l u coiuluctiug the evaluations called for by this isons subsection, tlie Secretary shall compare the effectiveness of programs conducted by prime sponsors of the same class, of different classes, and shall compare the effectiveness of programs conducted by prime sponsors with similar programs carried out by the Secretary under section 110, or muler title I I I . He shall also arrange for obtaining the opinions of participants about the strengths and weaknesses of the programs. Reports to (b) l u Order to enable the Secretary to measure the relative and, Secretary. whcrc prograuis Call be compared appropriately, comparative effective- ness of programs authorized under this Act and part C of title I V of 85^s 3^*80^5^^' ^^^^ Social Securit}' Act, he shall require that periodic reports be sub- 42 use 630. mitted to him. Reports submitted under this subsection shall contain data which shall include information on— (1) enrollee characteristics, including age, sex, race, health, education level, and previous wage and emplojanent experience; (2) duration in training and employment situations, including information on the duration of employment of program partici- pants for at least a year following the termination of federally assisted programs and comparable information on other employees orti-aineesof ])articipatingemplo3ers; and (3) total dollar cost per trainee, including breakdown between
87 STAT. ] PUBLIC LAW 93-203-DEC. 28, 1973 863 salary or stipend, training and supportive services, and adminis- trative costs. From the information received pursuant to tliis section, the Secretary shall compile the information on a State, regional, and national basis. (c) The Secretary is authorized to carry out a special program to ^o'^^her's^^orec"-'* demonstrate the efficacy of providing certificates or vouchers to eco- nomicaiiy disad- nomically disadvantaged, unemployed, and underemployed persons vantaged. entitling private employer's who pi'ovide employment, training, and services to each person volunteering to participate in such program to l)ayment in amounts equal to the face value of the certificate for speci- fied periods of time during which each such person may not be fully productive. KEMOVxVL o r A R T I F I C I A L BARRIERS TO E M P L O Y M E N T A N D ADVANCEMENT SEC. 314. The Secretary, in consultation wdth appropriate depart- study. ments and agencies of the Federal Government, shall conduct a con- tinuing study of the extent to which artificial barriers to employment and occupation advancement, including civil service requirements and ])r'actices relating thereto, within agencies conducting programs under this Act, restrict the opportunities for employment and advancement within such agencies and shall develop and promulgate guidelines, based upon such study, setting forth recommendations for task and skill requirements for specific jobs and recommended job descriptions at all levels of employment, designed to encourage career employment and occupational advancement within such agencies. TRAINING AND TECHNICAL ASSISTANCE SEC. 315. The Secretary, in consultation wuth the Secretary of Health, Education, and Welfare, and other appropriate officials, where appropriate, shall provide directly or through grants, contracts, or other arrangements, preservice and inservice training for special- ized, supportive, and supervisory or other personnel and technical assistance which is needed in connection Avitli the programs established under this Act. T I T L E IV—JOB CORPS S T A T E ^ I E N T OF PURPOSE SEC. 401. This title establishes a Job Corps for low-income disadvan- taged young men and women, sets forth standards and procedures for selecting individuals as eni'ollees in the Job Corps, authorizes the establishment of residential and nonresidential centers in which enrollees will participate in intensive programs of education, voca- tional training work experience, counseling and other activities, and ])rescribes various otlier powers, duties, and responsibilities incident to the operation and continuing development of the Job Corps. The purpose of this title is to assist young persons who need and can benefit from an unusually intensive program, operated in a group setting, to become more responsive, employable, and productive citi- zens; and to do so in a w^ay that contributes, wdiere feasible, to the development of National, State, and community resources, and to the development and dissemination of techniques for working with the disadvantaged that can be widely utilized by public and private institutions and agencies.
864 PUBLIC LAW 93-203-DEC. 28, 1973 [87 STAT. ESTABLISHMENT OF T H E J O B CORPS SEC. 402. There is established within the Department of Labor a "Job Corps". I N D I V U ) U A L S E L I G I B L E FOR T H E J O B CORPS SEC. 403. To become an enroUee in the Job Corps, a young man or woman must, be a person who— (1) is a' permanent resident of the United States who has attained age fourteen but not attained age twenty-two at the time of enrollment; (2) is a low-income individual or member of a low-income family who requires additional education, training, or intensive counseling and related assistance in order to secure and hold meaningful employment, participate successfully in regular schoolwork, qualify for other training programs suitable to his needs, or satisfy Armed Forces requirements; (3) is currently living in an environment so characterized by cultural deprivation, a disruptive homelife, or other disorienting conditions as to substantially impair his prospects for successful participation in any other program providing needed training, education, or assistance; (4) is determined, after careful screening as provided for in sections 404 and 405, to have the present capabilities and aspira- tions needed to complete and secure the full benefit of the pro- gram authorized in this title, and to be free of medical and behavioral problems so serious that he could not or would not be able to adjust to the standards of conduct and discipline or pat- tei-n of work and training which that program involves; and / (5) meets such other standards for enrollment as the Secretary may prescribe (including special standards for the enrollment on a residential basis of 14 and 15 year olds) and agrees to comply with all applicable Job Corps rules and regulations. S(KKEN1N(J AND SEJ-ECTION OF A P P L I C A N T S GENERAL PROVISIONS Rules. ^K(-. 404. (a) The Secretary shall prescribe necessary rules for the s(;reening and selection of applicants for enrollment in the Job Corps. To the extent practicable, I'ules established under this section shall be implemented througli arrangements which make use of agencies and organizations such as comnuinity action agencies, public employment offices, professional groups, and labor organizations. The rules shall <'Stablish specific standards and procedures for conducting screening and selection activities; shall encourage recruitment through agencies and individuals having contact with youths over substantial periods of time and able, accordingly, to offer reliable information as to their needs and problems; and shall provide for necessary consultation with other individuals a]id organizations, including court, probation, parole, law enfoicement, education, welfare, and medical authorities and advisers. The rules shall also provide for— (1) the interviewing of each applicant for the purpose of— (A) determining whether his educational and vocational needs can best be meet through the Job Corps or any alter- native j)rogram in his home community; (B) obtaining from the applicant pertinent data relating to his background, needs, and interests for evaluation in determining his eligibility and potential assignment; and (C) giving the api)licant a full imderstanding of the Job
87 STAT. ] PUBLIC LAW 93-203-DEC. 28, 1973 865 Corps program and making clear what Avill be exjiected of him as an enrollee in the event of his acceptance; and (2) the conduct of a careful and systematic inquiry concerning the applicant's background for the eifective dcAelopment and, as appropriate, clarification of information concerning his age, citi- zenship, school and draft status, health, employability, past beliavior, family income. euAironment, and other matters related to a determination of his eligibility. (b) The Secretary shall make no payments to any individual or organization solely as compensation for the service of referring the names of candidates for enrollment in the Jobs Corps. (c) The Secretary shall take all necessary steps to assure that the Rural area candidates. enrollment of the Job Corps includes an appropriate mmiber of candi- dates selected from rural areas, taking into account the proportion of eligible youth who reside in rural areas and the need to provide resi- dential facilities for such youth in order to meet problems of wide geographic dispersion. SCKEEXIXG AXD SELECTIOX—SPECIAL LIMITATIOXS SEC. 405. (a) Xo individual shall be selected as an enrollee unless it is determined that there is reasonable ex})ectation that he can par- ticipate successfully in group situations and activities with other enrollees, that he is not likely to engage in actions or behavior that would prevent other enrollees fiom receiving the benefit of the pro- gram or be incompatible with the maintenance of sound discipline and satisfactory relationships between any center to which he might be assigned and surrounding communities, and that he manifests a basic understanding of both the rules to w^hich he will be subject and of the consequences of failure to observe those rules, l^efore selecting an individual who has a history of serious and violent behavior against persons or property, repetitive delinquent acts, narcotics addiction, or other major behavioral aberrations, the Secretary of Labor shall obtain a finding from a professionally ([ualified person who knows such potential enrollee's individual situation that there is reasonable expec- tation that his conduct will not be inimical to the goals and success of the Job Corps and that the opportunity j^rovided by the Job Corps Avill help him to overcome his problem. (b) A n individual who otherwise qualifies for enrollment may be Par°iees. selected even though he is on probation or parole, but only if his release from the innnediate su])ervision of the cognizant probation or parole officials is nnitually satisfactory to those officials and the Secre- tary, does not violate applicable hiAvs or regulations, and if the Secre- tary has arranged to provide all supervision of the individual and all rejwrts to State or other authorities that may be necessary to comply Avith ai)plicable probation or parole requirements. E X K O L L M E X T AX'I) A S S K J X M E X T SEC. 406, (a) Xo individual may be enrolled in th(^ Job Corps for more than two years, except as the Secretary may authorize in special cases. (b) Enrollment in the J o b Cor])s shall not relieve any individual of obligations under the Military Selective Service Act (50 U.S.C. A p p . 451 e t s e q . ) . 62 Stat. 604; (c) Each enrollee (other than a native and citizen of Cuba described oatTreqiire- in section 609(3) of the Economic Opportunity Act of 1964 or a per- "^^"t. manent resident of the Trust Teri-itoi-y of the Pacific Islands) must 42 use 2949. take and subscribe to an oath or affirmation in the following form: 'T do solemnly swear (or affirm) that I bear true faith and allegiance 22-150 0 - 7 5 - 5 7
866 PUBLIC LAW 93-203-DEC. 28, 1973 [87 STAT. to the United States of America and will support and defend the Con- stitution and laws of the LTnited States against all its enemies foreign and domestic.'* The provisions of section 1001 of title 18, United States 62 Stat. 749. Code, shall be applicable to this oath or affirmation. Assignment to contiguous a r e a s . (d) After the Secretary has determined whether an enrollee is to be assigned to a men's training center, a conservation center, or a women's training center, the enrollee, shall be assigned to the center of the appropriate type in which a vacancy exists which is closest to the enrollee's home, except that the Secretary, on an individual basis, may waive this requirement when overriding considerations justify such Assignment to action. Assignments to centers in areas more remote from the enrollee's remote a r e a s . home shall be carefully limited to situations in which such action is necessary in order to insure an equitable opportunity for disadvan- taged youth from various sections of the country to participate in the program, to prevent undue delays in the assignment of individual enrollees, to provide an assignment which adequately meets the edu- cational or other needs of the enrollee or is necessary for efficiency and economy in the operation of the program. Male e n r o l l e e s . (e) Assignments of male enrollees shall be made so that, at any one time, at least 40 per centum of those enrollees are assigned to con- servation centers as described in section 407, or to other centers or projects where their work activity is primarily directed to the con- servation, development, or management of public natural resources or i-ecreational areas and is performed under the direction of personnel of agencies regulai-ly responsible for the functions relating to such r-esources or areas. ,)()1'. CORPS CENTKKS SKC. 407. (a) The Secretary may make agreements with Federal, State, oi- local agencies, or private organizations for the establishment and opeiation of Job Corps centers. Job Corps centers may be residen- tial or nonresidential in character, or both, and shall be designed and operated so as to provide enrollees, in a well-supervised setting, wdth education, vocational training, work experience (either in direct pro- gram activities or through arrangemeiits with employers), counseling, Civilian Con- servation C e n t e r s . and other services appropriate to their needs. The centers shall include conservation centers, to be known as Civilian Conservation Centers, to be located primarily in rural areas and to provide, in addition to other training and assistance, programs of work experience focused upon activities to conserve, develop, oi' manage public natural resources or public recreational ai-eas or to assist in developing community projects in the public interest. The centers shall also include men's and women's training centers to be located in either urban or rui-al areas and to pro- vide activities which shall include training and other services appro- {)riate for enrollees who can be expected to participate successfully in training for specific types of skilled or semiskilled employment. (b) To the extent feasible, men's and women's training centers shall oll'er education and vocational training opportunities, together w^ith supportive services, on a nonresidential basis to participants in pro- grams described in title I of this Act. Such opportunities may be offered on a reimbursable basis or through such other arrangements as the Secretai'v niay specify. 'lUXJRAil -VCTIVITIKS SEC. 408. (a) Each Job Corps center shall be operated so as to pro- vide enrollees with an intensive, well-organized and fully supervised program of education, vocational training, work experience, planned avocational and recreational activities, physical rehabilitation and development, and counseling. To the fullest extent feasible, the required
87 STAT.] PUBLIC LAW 93-203-DEC. 28, 1973 program for each enro]]ee sluill incUide uctivitios designed to assist him in choosing realistic career goals, coping with problems he may encounter in his home comnumity or in adjusting to a new com- munity, and planning and managing his daily affairs in a manner that will best contribute to a long-term upward mobility. Center programs shall include required participation in center maintenance support and related work activity as appropriate to assist enrollees in increasing their sense of contribution, responsibility, and discipline. (b) To the extent practicable, the Secretary may arrange for enrollee Education and vocational train- education and vocational training through local public or private ing. educational agencies, vocational educational institutions, or technical institutes Avhere such institutions or institutes can provide training comparable in cost and substantially equivalent in quality to that which he could provide through other means. (c) Arrangements for education shall, to the extent feasible, provide Certificates, opportunities for qualified enrollees to obtain the equivalent of a cer- tificate of graduation from high school. The Secretary, with the con- currence of the Secretary of Health, Education, and Welfare, shall develop certificates to be issued to enrollees who have satisfactorily completed their services in the Job Corps and which will reflect the enrollee's level of educational attainment. (d) The Secretary shall prescribe regulations to assure that Job Coordination with community Corps work-experience programs or activities do not displace presently work-experience employed workers or impair existing contracts for service and will be programs. Regulations. (Coordinated with other work-experience programs in the community. ALLOWANCES A N D SUPPORT SEC. -1:09. (a) The Secretary may provide enrollees Avith such per- sonal, travel and leave allowances, and such quarters, subsistence, transportation, equipment, clothing, recreational services, and other expenses as he may deem necessary or aj^propriate to their needs. Per- Limitations. sonal allowances shall be established at a rate not to exceed $35 per jnonth during the first six months of an enrollee's participation in the program and not to exceed $50 per month thereafter, except that allowances in excess of $35 per month, but not exceeding $50 per month, may be provided from the beginning of an enrollee's participa- tion if it is expected to be of less than six months' duration and the Secretary is authorized to pay personal allowances in excess of the rates specified herein in unusual circumstances as determined by him. Such allowances shall be graduated up to the maximum so as to encour- age continued participation in the program, achievement and the best use by the enrollee of the funds so provided and shall be subject to reduction in appropriate cases as a disciplinary measure. To the Enrollee contri- butions. degree reasonable, enrollees shall be required to meet or contribute to costs associated with their individual comfort and enjoyment from their personal allowances. (b) The Secretary shall prescribe specific rules governing the L e a v e accrual rules. accrual of leave by enrollees. Except in the case of emeroency, he shall in no event assume transportation costs connected with leave of any enrollee Avho has not completed at least six months service in the Job Corps. (c) The Secretary may provide each former enrollee upon termina- Readjustment allowance. tion, a readjustment allowance at a rate not to exceed $50 for each month of satisfactory participation in the Job Corps. No enrollee shall be entitled to a readjustment allowance, however, unless he has remained in the program at least ninety days, except in unusual cir- cumstances as deteimined by the Secretary. The Secretary may, from Advancement or reduction. time to time, advance to or on behalf of an enrollee such portions of his
868 PUBLIC LAW 93-203-DEC. 28, 1973 [87 STAT. I'eadjustment allowances as the Secretary deems necessary to meet extraordinary financial obligations incurred by that enrollee; and he may also, pursuant to rules or regulations, reduce the amount of an enrollee's readjustment allowance as a penalty for misconduct during participation in the Job Corps. I n the event of an enrollee's death dur- ing his period of service, the amount of any unpaid readjustment allowance shall be paid in accordance with the provisions of section 80 Stat. 495. 5582 of title 5, United States Code. (d) Under such circumstances as the Secretary may determine, a portion of the readjustment allowance of an enrollee not exceeding $25 for each month of satisfactory service may be paid during the period of service of the enrollee directly to a spouse or child of an enrollee or to any other relative who draws substantial support from the enrollee, and any sum so paid shall be supplemented by the pay- ment of an equal amount by the Secretary. STANDARDS OF CONDUCT SEC. 410. (a) Within Job Corps centers standards of conduct and Violations, depoi-'tment sliall be provided and stringently enforced. In the case penalties. 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 center, will jeopardize the enforcement of such standards of conduct and deportment or diminish the opportunity of other enrollees. (b) In order to promote the proper moral and disciplinary condi- tions in the Job Corps, the individual directors of Job Corps centers shall be given full authority to take appropriate disciplinary meas- ures against enrollees including, but not limited to, dismissal from the Job Corps, subject to expeditious appeal procedures to higher authority, as provided under regulations established by the Secretary. COMMUNITY PARTICIPATION SEC. 41L The Secretary shall encourage and shall cooperate in activities designed to establish a mutually beneficial relationship between Job Corps centers and surrounding or nearby communities. Community ad- These activities shall include the establishment of community advisory visory c o u n c i l s . councils to provide a mechanism for joint discussion of common prob- lems and for planning programs of mutual interest. Whenever possi- ble, such advisory councils shall be formed by and coordinated under the local community action agency. Youth participation in advisory council affairs shall be encouraged and where feasible separate youth councils may be established, to be composed of representative enrollees Rules. and representative young people from the communities. The Secretary shall establish necessary rules and take necessary action to assure that each center is operated in a manner consistent with this section with a view to achieving, so far as possible, objectives which shall include— (1) giving community officials appropriate advance notice of changes in center rules, procedures, or activities that may affect or be of interest to the community; (2) affording the community a meaningful voice in center affairs of direct concern to it, including policies governing the issuance and terms of passes to enrollees; (3) providing center officials with full and rapid access to rele- vant community groups and agencies, including law enforcement agencies and agencies which work with young people in the community; (4) encouraging the fullest practicable participation of en- rollees in programs or projects for community improvement or
87 STAT. ] PUBLIC LAW 93-203-DEC. 28, 1973 869 betterment, with adequate advance consultation with business, labor, professional, and other interested community groups and organizations; (0) arranging recreational, athletic, or similar events in which enrollees and local residents may participate together; (6) providing community residents with opportunities to work with enrollees directly, as part-time instructors, tutors, or advisers, either in the center or in the community; (7) developing, where feasible, job or career opportunities for eni"ollees in the community; and (8) promoting interchanges of information and techniques among, and cooperative projects involving, the center and com- munity schools, educational institutions, and agencies serving young people. COFXSEIJXO VXD J O B PLACEMENT SEC. A:\-2. (a) The Secretary shall provide for the counseling and resting of each enrollee at i-egular intervals to follow his progress in educational and vocational programs, (b) The Secretary shall counsel and test each enrollee prior to his scheduled tei'mination to determine his capabilities and shall place him in a job in tlie vocation for which he is trained and in which he is likely to succeed, or shall assist him in attaining further training or education. In placing enrollees in jobs, the Secretary shall utilize the United States Employment Service to the fullest extent possible. (c) The Seci-etary of Labor shall make arrangements to determine tlie status and progress of terminees and to assure that their need for fuither education, training, and counseling are met. (d) Upon teiniination of an enrollee's training, a copy of his perti- Training records, nent records, including data derived from his counseling and testing, Labor Department other than confidential information, shall be made available immedi- and OEO. ately to the Department of Labor and the Office of Economic Oppor- tunity. (ej The Secretary shall, to the extent feasible in accordance with aifo^^a'tlce!"'^"' section ()87(b) of the Economic Opportunity Act of 1964, arrange for si stat. 720. the readjustment allowance provided for in section 409(c) of this 42 use 2979. Act, less any sums already paid pursuant to subsection (d) of that section, to l>e paid to former enrollees (who have not already found employment) at the public employment service office nearest the home of any any such former enrollee if he is returning to his home, or at the nearest such office to the community in which the former enrollee has indicated an intent to reside. The Secretary shall make arrangements fo^^°etro°iees by which public employment service officers w^ll maintain records regarding former enrollees who are thus paid at such offices including information as to— (1) the number of former enrollees who have declined the offices* help in tinding a job; (2) the number who were successfully placed in jobs without fui'ther education or training; (3) the number who were found to require further training before being placed in jobs and the types of training programs in which they participated; and (4) the number wlio were found to require further remedial or basic education in order to qualify for training programs, together witli information as to the types of programs for which such former enrollees were found unqualified for enrollment. If the Secretary deems it advisable to utilize the services of any other public or private organization or agency in lieu of the public employ- ment office, lie shall arrange for that organization or agency to make
870 PUBLIC LAW 93-203-DEC. 28, 1973 [87 STAT. iliG payiiuMit. of tlic i\'iuljiistiiu'iit iillowiuuv and iiiainraiu the same types of records ivgardino- fonner eiirollees as are liereiu specified Copies to Secre- for niaintenaiiee by public einploymeut sej\ice offices, and shall tary. furnisli copies of sucli i-ecords to the Secretary. In tlie case of eiirollees who are placed in jobs by the Secretaiy prior to the termination of their participation in the fFob Coi'ps, the Secretary shall maintain records providing- pertinent placement and follow-nj) information. KV.VIA'ATIOX: KXl'KKIMKXTAL A M ) l)KVKr/>r:\M-:X'rAL PHOJKCTS SKO. 418. (a) The Secretary sliall provide for the carefid and sys- tematic evalnation of the Job Corps progi-am. directly or by contracting for independent eAalnations, Avith a \ie\v to measuring spe- cific benefits, so far as pi-acticable. and providing information needed to assess the effectiveness of program procedures, policies, and methods of operation. In particular, this evaluation shall seek to determine the costs and benefits i-esulting from the use of residential as opposed to nonresidential facilities, from the use of facilities combining residen- tial and nonresidential components, f I'om the use of centers Avith large :is opposed to small enrollments, and from the use of dirt'erent types of pi-ogram sponsors, including public agencies, institutions of higher education, boards of education, and private coi'poi'ations. The evalu- ation shall also include comparisons with pi'0])e]- control groups composed of pei'sons who have not pai'ticipated in the progi-am. In cari-ying out such evaluations, the Seci'etary shall ai'i-ange for obtain- ing the opinions of participants alxmt the strengths and weaknesses of the pi-ogi-am and shall consult with other agencies and officials in order to compare the relative effectiveness of .lob Corps techniques with those used in other programs, and shall endeavor to secure, through employers, schools, or other Government and private agencies specific infoi-mationconcei-ning the residence of former eni-ollees, their employ- ment status, compensation, and success in adjusting to community life. The Secretary shall also secure, to the extent feasible, similar information directly from enrollees at ai)i)roi)riate intervals following Annual report tluMi' comjiletioii of the Jol) Coi'ps pi'ogram. The results of such evalua- summary, pubiica- ^-^^^^ gljall be publislied aiul shall be summarized in the annual report of the Seci-etary. tr^cTs"*^^ °'^ '^°^' ^^^^ '^'^^ Secretai-y may undertake or make gi'ants or conti-acts for experimental, research, or demonstration projects directed to develop- ing or testing ways of seoiring the better use of facilities, of encourag- ing a more rapid adjustment of enrollees to comumnity life that will permit a reduction in the period of tlieii- eni-ollment. of leducing transportation ami suppoit costs, or of otherwise promoting greater efficiency and effectiveness in the program authorized under this part. These projects shall include one or more projects providing youths with education, ti-aining. and other supportive services on a combined Pilot projects. I'esideiitial and nonresidential basis. The Secretary may, if he deems it advisable, undertake one or more pilot projects designed to involve youth who h a \ e a history of serious and violent behavior against per- sons or property, repetitive delinquent acts, narcotics addiction, or Consultation other beliavloral aberrations. Projects under this subsection shall be Trai o°r s^tate^gen- <leveloped after appj'opriate consultation with other Federal or State cies. agencies conducting similar or related programs or projects and with the prime sponsoi's, in the communities where the projects will be carried out. They may be undei-taken jointly with other Federal or federally assisted programs, and funds otherwise a^•ailable for activi- ties under those programs shall, with the consent of the head of any agency concerned, be available to projects under this section to the extent they include the same or substantially similar activities. The Secretai'v may wai\e any pi-ovision of this title which he finds would
87 STAT. ] PUBLIC LAW 93-203-DEC. 28, 1973 871 prevent the cariying out of elements of projects under this subsection essential to a determination of their feasibility and usefulness. He ^^^^°''^'° ^'°"" shall, in the annual report of the Secretary, report to the Congress concerning the actions taken under this section, including a full description of progress made in connection with combined residential and nonresidential projects. (c) I n order to determine whether upgraded Aocational education Model community schools could eliminate or substantially reduce the school dropout prob- uon^l'choois! "''^" lem, and to demonstrate how communities could make maximum uti- lization of existing educational and training facilities, the Secretary in cooperation with the Commissioner of Education, shall enter into one or more agreements with State educational agencies to pay the cost of establishing and operating model comnnuiity vocational edu- cation schools and skill centers. Such facilities shall be centrally located in an urban area having a high dropout rate, a large number of unemployed youths, and a need in the area for a combination voca- tional school and skill center. No such agreement shall be entered into imless it contains provisions designed to assure that— (1) a job survey be made of the area; (2) the training program of the school and skill center reflect the job market needs as projected by the survey; (3) an advisory committee composed of representatives of busi- ness, labor, education, and community leaders be formed to follow the center's activities and to make periodic recommendations regarding its operation; (4) arrangements ha^-e been worked out with schools in the area and the administrator of the skill center for maximum utili- zation of the center both during and after school hours; and (5) such accounting and evaluation procedures as the Secretary and the Commissioner of Education deem necessary to carry out the purpose of this project will be provided. ADVISORY BOARDS AXD COMMITTKKS SKC. 414. The Secretary shall make use of adAisory committees or boards in connection with the operation of the Job Corps, and the operation of Job Corps centers, whenever he determines that the availability of outside advice and counsel on a I'egular basis would be of substantial benefit in identifying and overcoming problems, in plan- ning program or center development, or in streng-thening relationships between the Job Corps and agencies, institutions, or groups engaged in ; related activities. Nothing in this section shall be considered as limit- ing the functions of the National Advisory Council, established pur- suant to section (>05 of the Jx'onomic ()])portunitv Act of 1964. with ^° ^tat. 1459. respect to any matter or question involving the Job Corps; but this 42 u s e 2945. shall not prevent the establishment through or in cooi)eration with the National Advisory Council of one or more boards or committees under this section. r A R T l f l l ' A T I O X OF T H E STATES SEC. 415. (a) The Secretary sliall take necessary action to facilitate the efiVctive i)articipation of States in the Job Coips program, includ- ing, but not limited to. consultation with appropriate State agencies on matters pertaining to the enforcement of applicable State laws, standards of enrollee conduct and discipline, the development of meaningful work exi)erience and other activities for enrollees, and coordination with State-operated programs.
872 PUBLIC LAW 93-203-DEC. 28, 1973 [87 STAT. state-operated (b) The Secretary may enter into agreements with States to assist programs, a s s i s t - ance. in the operation or administration of State-operated programs which carry out the purpose of this part. The Secretary may, pursuant to regulations, pay part or all of the operative or administrative costs of such programs. J o b Corps Cen- (c) Xo Job Corps center or other similar facility designed to carry ter plan, submit- tal to Governor. out the purpose of this Act shall be established within a State unless a plan setting j:'orth such proposed establishment has been submitted to the Governor, and such plan has not been disapproved by him within 30 days of such submission. A P r L I C A T I O X OF TROVISIOXS OF FEDERAL L A W SEC. 416. (a) Except as otherwise specifically provided in the fol- lowing paragraphs of this subsection, and in section 8143(a) of title 5, 82 Stat. 1313. T'^nited States Code, enrollees in the Job Corps shall not be considered Federal employees and shall not be subject to the provisions of law I'clating to Federal employment including those regarding hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits: (1) For purposes of the Internal Revenue Code of 1954 (26 U.S.C. 68A Stat. 3. 1 et seq.) and title I I of the Social Security Act (42 U.S.C. 401 et 70 Stat. 819. seq.), enrollees shall be deemed employees of the United States and any service performed by an individual as an enroUee shall be deemed to be per-formed in the employ of the United States. "Employee.' (2) For purposes of subchapter I of chapter 81 of title 5 of the 80 Stat. 532. T'nited States Code (relating to compensation to Federal employees 5 u s e 8101. for work injuries), enrollees shall be deemed civil employees of the United States within the meaning of the term "employee" as defined in section 8101 of title 5, United States Code, and the provisions of that subchapter shall apply except as follows: "Performance of (A) The term "pei'formance of duty" shall not include any duty." act of an enrollee while absent from his or her assigned post of duty, except while participating in an activity (including an activity while on pass or during travel to or from such post of duty) authoi'ized by or under the direction and supervision of the Job Corps; Disability or (B) In com[)utiug compensation benefits for disability or death, death compensa- tion. the monthly pay of an enrollee shall be deemed that received under 5 u s e 5332 the entrance salary for a grade GS-2 employee, and sections 8113 note. (a) and (b) of title 5, United States Code, shall apply to enrollees; 80 Stat. 540. and (C) Compensation for disability shall not begin to accrue until the day following the date on which the injured enrollee is terminated. (3) For purposes of the Federal tort claims provisions in title 28, 62 Stat. 982. Ignited States Code, eni-ollees shall be considered employees of the 28 u s e 2671. Government. (b) Whenever the Secretary finds a claim for damage to persons or ])roperty resulting fi'om the operation of the Job Corps to be a proper charge against the United States, and it is not cognizable under section 80 Stat. 306. 2672 of title 28, T'nited States Code, he may adjust and settle it in an amount not exceeding $500. Detailed per- (c) Personnel of the uniformed services who are detailed or assigned sonnel. to duty in the performance of agreements made by the Secretary for the support of the Corps shall not be counted in computing strength under any law limiting the strength of such services or in computing the [)ercentage authorized by law for any gi'ade therein.
87 STAT. ] PUBLIC LAW 93-203-DEC. 28, 1973 873 SPECIAL I . I M I T A ' J I O X S SEC. 417. (a) The Secretary shall not use any funds made available to carry out tliis part for the fiscal year ending June 30,1968, in a man- ner thkt will increase the residential capacity of Job Corps centers above forty-five thousand enrollees. (b) The Seci-etarv shall take necessarv action to assure that on or „,^°"!^" ^"""": ^ • „ , T "i /. -I- 1 /^ M ees, percentage. before June 30. 1968. of the total number of Job Corps enrollees receiving- training- at least 25 per centum shall be women. The Secretary shall immediately take steps to achieve an enrollment ratio of 50 per centum women enrollees in training in the Job Corps consistent with (1) efficiency and economy in the operation of the program, (2) sound administrative practice, and (3) the socioeconomic, educational, and training needs of the population to be served. (c) The Secretary^sliall take necessar}^ action to assure that for any fiscal year the direct operating costs of Job Corps centers which have been in opei'ation for more than nine months do not exceed $6,900 per enrol lee. (d) The Secretary shall take necessar}- action to assure that all stvulies. evaluations, pioposals. and data produced or developed with Federal funds in the course of the operation of any conservation or training center shall become the pi'operty of the United States. I ' O E r i l C A E DISCKI-AEIXATIOX AXD POLITICAL ACTIVITY SEC. 418. (a) Xo officer or employee of the executive branch of the Federal (jlovermiient shall make any inquiry concerning the political iiffiliation or Ix'liefs of any enrollee or applicant for enrollment in the C'ori)S. All disclosures concerning such matters shall be ignored, except as to such uiembership in political parties or organizations as consti- tutes by law a disqualification for Government employment. Xo dis- crimination shall be exercised, threatened, or promised by any person in the executive branch of the Federal Government against or in favor of any enrollee in the Corps, or any applicant for enrollment in the Corps because of his political affiliation or beliefs, except as may be specificall}' authorized or required by law. (b) Xo officer, employee,, or enrollee of the Corps shall take any active part in political management or- in i)olitical campaigjis, except as may be proxided by or puisuant to statute, and no such officer, cmi)loyee. or enrollee shall use his official ])osition or influence for the ])urpose of interfering with an election or affecting the I'esult thereof. All such persons shall i-etain the right to vote as tliey may choose and to exi)ress, in theii- pi-ivate capacities, their opinions on all political ^:ubjects and candidates. Any officer, employee, eni'ollee, or other Fed- solicitation of era] employee who solicits funds for political i)urposes from members ^i^nl'.''^' contnbu- of the Coi'ps shall be in violation of section 602 of title 18, United States (^ode. ^2 stat. 722. (c) Whenever the Ignited States Civil Service Connnission finds „„Yi°l,^*'°"^' penalty. that any pei-son has violated the provisions of this section, it shall, after giving due notice and 0])portunity foi- explanation to the officer or employee or enrollee concerned, certify the facts to the Secretary with specific insti-uctions as to discipline or dismissal or other correc- tive actions. ADIMIXLSTRA'IIVE I'KOMSIOXS SEC. 419. (a) In carrying out the ])rovisions of this title, the Sec- ictary shall have the same powei'S as the Director of the Office of
874 PUBLIC LAW 93-203-DEC. 28, 1973 [87 STAT. Kconomic Opportunity under section 602 of the Economic Opportu- 78^Stat. 528; u i t j A c t of 1964. 42*usc 2942. (b) The provisions of section 603 of this Act shall apply to this title only to the extent that such provisions are consistent with the provisions of this title. T I T L E V—NATIONAL COMMISSION F O R M A N P O W E R POLICY n X D I X G S A N D DECLARATION OF PURPOSE SEC. 501. (a) The Congress finds and declares that the respon- sibility for the development, administration, and coordination of pro- grams of training and manpower development generally is so diffused and fragmented at all levels of government that it has been impossible to develop rational priorities in these fields, with the result that even good programs have proved to be far less effective than could reason- ably be expected. The Congress further finds that the lack of a coherent, flexible, national manpower policy reduces our prospects of solving economic and social problems which threaten fundamental national interests and objectives. (b) Accordingly, the purpose of this title is to establish a National Commission for Manpower Policy which will have the responsibility for examining these issues, for suggesting ways and means of dealing with them, and for advising the Secretary on national manpower issues. COMMISSION ESTABLISHED SEC. 50'2. (a) There is established a National Commission for Man- power Policy (hereinafter referred to as the "Commission") which shall consist of seventeen members selected as follows— (1) the Secretary of Labor, the Secretary of Health, Educa- tion, and Welfare, the Secretary of Defense, the Secretary of Commerce, the Secretary of Agriculture, and the Administrator of the Veterans' Affairs; and (2) eleven members broadly representative of labor, industry, commerce, education (including vocational and technical educa- tion). State and local elected officials involved with manpower programs, persons served by manpower programs and of the gen- eral public appointed by the President. Meetings. ^jj) 'j^j^g Commissiou shall meet at the call of the Chairman, who shall be selected by the President and who shall be one of the ten appointed public members, but not fewer than three times a year. Dii-ector. ((.) The Chairman (with the concurrence of the Commission) shall appoint a Director, who shall be the chief executive officer of the Com- mission and shall perform such duties as are prescribed by the Chair- man. The Director may appoint, with the concurrence of the Chairman and the Secretary of Labor, such clerical staff as are necessary. The Commission may utilize such staff from the Department of Labor, the Department of Health, Education, and Welfare, and such other Federal agencies as may be available to assist the Commission in carry- ing out its responsibilities. Gifts and be- ^^j^ -j^j^^ Commissioii may accept in the name of the Department of quests, accept- j^^bor aud employ or dispose of gifts or bequests, to carry out its responsibilities under this title. (e) Members of the Commission who are not officers or employees of the Federal Government shall be paid compensation at a rate of up to noL^^^ ^^^^ ^be per diem equivalent of the rate for GS-18 when engaged in the work of the Commission, including traveltime, and shall be allowed
87 STAT. ] PUBLIC LAW 93-203-DEC. 28, 1973 /-"^ 875 travel expenses and par diem in lieu of subsistence as authorized by 80 Stat. 499; law (5 U.S.C. 5703) for persons in the Government service employed 83 Stat. 190. intermittently and receiving compensation on a per diem, when actu- ally employed, basis. F U N C T I O N S OF T H E COMMISSION SEC. 503. The Commission shall— (1) identify the manpower goals and needs of the Nation and assess the extent to which employment and training, vocational education, institutional training, vocational rehabilitation, eco- nomic opportunity, and other programs under this and related Acts represent a consistent, integrated, and coordinated approach to meeting such needs and achieving such goals; (2) conduct such studies, hearings, research, or other activities as it deems necessary to enable it to formulate appropriate recom- mendations ; (3) examine and evaluate the effectiveness of any federally assisted manpower development programs (including those assisted under this Act), Avith particular reference to the contri- butions of such f)rograms to the acliievement of objectives sought by the recommendations undei' clause (2) of this section; (4) examine and evaluate major Federal programs which are intended to (or potentially could) contribute to achieving major objectives of existing manpower and related legislation or those set forth in the recommendations of the Commission and particu- larly the programs which are designed (or could be designed) to develop information and knowledge about manpower problems through research and demonstration projects or to train personnel in fields (such as occupational counseling, guidance, and place- ment) which are vital to the success of manpower programs; and (5) evaluate and make recommendations to the Congress with respect to the report of the Secretary required under se(?tion 506, and continue to make studies of the impact of energy shortages upon manpower needs and include these findings and recom- mendations with I'espeot thereto in the reports required by sec- tion 505. COORDINATION STUDY SEC. 504. The Conmiission shall conduct a study of the utilization and interrelation of programs of manpower training with closely asso- ciated programs such as those conducted under the Wagner-Peyser Act, '^^ stat. i u . the work incentives program under part C of title I V of the Social ^9 use 4 Security Act. and others of similar nature, with a view to determining gs^g^a^t^^gos^'*' how they could be better coordinated and more effectively combined to 42 use 630. serve individuals, particularly at the State and local levels, and shall dg^t^nd (^0^-^^' make a report of their findings and recommendations to the President gress. and the Congress not later than January 31,1975. KEPORTS SEC. 505. The Commission shall make at least annually a report of Report to Pre si- its findings and recommendations to the President and the Congress, gr"ss^" and the first such report shall be transmitted not later than September 1,1974. The Commission may make such interim reports or recommen- dations to the Secretary of Labor or to the heads of other Federal departments and agencies, and in such form, as it may deem desirable.
876 PUBLIC LAW 93-203-DEC. 28, 1973 [87 STAT. ENERGY STUDY SEC. 506. The Secretary shall, immediately upon enactment of this Act, make a study of the impact of energy shortages, including fuel rfs^r°and°commis- i^^tiouiug, upou maupowcr needs. The Secretary shall make a repoit sion^ of his findings and recommendations thereon to the Congress and to the Commission not later than March 31,1974. TITLE VI—GENERAL PROVISIONS DEFINITIONS SEC. 601. (a) As used in this Act, the term—• (1) Community-based organizations" means organizations which are representative of communities or significant segments of the communities and which provide manpower services (for example. Opportunities Industrialization Centers, Jobs for Prog- ress, Mainstream, and Community Action Agencies). (2) "Governor" means the chief executive of any State. (3) "Health care" includes, but is not limited to, preventive and clinical medical treatment, family planning services, nutrition services, and appropriate psychiatric, psychological, and pros- thetic services, to the extent any such treatment or services are necessary to enable the recipient of manpower services to obtain or retain employment. (4) "Low-income level" means $7,000 with respect to income in 1969, and for any later year means that amount which bears the same relationship to $7,000 as the Consumer Price Index for that year bears to the Consumer Price Index for 1969, rounded to the nearest $1,000. " (5) "Manpower allotment" means sums received by a State or area under title I of this Act for any fiscal year (or, w^here applicable, under title I I of the Manpower Development and 76 Stat. 25. Training Act of 1962, and part B of title I of the Economic sJsta^.elV; Opportunity Act of 1964). 86 Stat. 690. ' (6) "Offender" means any adult or juvenile who is confined in 42 use 2737. j^^y type of correctional institution and also includes any indi- vidual or juvenile assigned to a community based facility or subject to pretrial, probationary, or parole or other stages of the judicial correctional or probationary process where manpower training and services may be beneficial, as determined by the Sec- retary, after consultation with judicial, correctional, probationary, or other appropriate authorities. (7) "Public service" includes, but is not limited to, work in such fields as environmental quality, health care, education, public safety, crime prevention and control, prison rehabilitation, trans- portation, recreation, maintenance of parks, streets, and other public facilities, solid waste removal, pollution control, housing and neighborhood improvements, rural development, conserva- tion, beautification, veterans outreach, and other fields of human betterment and community improvement. (8) "Secretary" means the Secretary of Labor. (9) "State" includes the District of Columbia, the Common- wealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands. (10) "Unit of general local government" means any city, munic- ipality, county, town, township, parish, village or other general purpose political subdivision which has the power to levy taxes
87 STAT. ] PUBLIC LAW 93-203-DEC. 28, 1973 877 and s})end funds, as well as ooneral corporate and police powers. (11) "Undereni[)loyed persons" means— (A) persons \\\\o are working part-time but seeking- full- time work; (B) persons who are working full-time but receiving wages below the poverty level determined in accordance Avith cri- teria as established by the Director of the Office of ^Manage- ment and Budget. (12) "Lnemployed pei'sons" means— (A) persons who are without jobs and wlio wan.t and are a\ailable for work; and (B) except for purposes of sections 103 and 202, adults g^^"'^' PP- «*2. who or whose families receive supplemental security income or monev pavments pursuant to a State plan approved under title I, IV. X. or X V I of the Social Security Act or would, as ^^'^\ ""f^^f"'' ^*''' defined in regulations to be issued by the Secretary, be eligi- ble for such payments but for the fact that both parents are present in the home (1) who are determined by the Secretary of Labor, in consultation with the Secretary of Health, Edu- cation, and Welfare, to be available for Avork. and (2) who are either (i) persons without jobs, or (ii) persons working in jobs i)roviding insufficient income to enable such persons and their families to be self-supporting without welfare assistance: and the determination of whether i)ersons are without jobs shall be made in accordance with the critei'ia used by the Bureau of Labor Statistics of the Department of Labor in defining persons as unemi)loyed, but such ci-iteria shall not be applied dirt'erently on account of a person's pre\ious employment. (13) "Wagner-Peyser Act"* means "An Act to provide for the establishment of a national employment system and for coopera- tion with the States in the })roinotion of such system, and for other l)urposes", ai)pro\ed June 6. 11)33 (48 Stat. 113). as amended (29 r.S.(\40etseq.). (b) As used in section 208(c) of this Act, the term "area" means— (1) where the applicant is an eligible unit of government or an Lulian tribe, that ideographical area over which the applicant exercises genei-al political jurisdiction, or (2) where the api)licant is a ]:)ublic agency or institution which is a subdivision of an eligible unit of government, that geographi- cal aiva over Avhich such unit of government exercises general political jurisdiction. LEGAL AUTJIORITY SKC. ()()2. (a) The Secretary may, in accordance with cliai)ter 5 of title T). T'nited States Code, prescribe such rules, regulations, guidelines, ^gta*^'" ^^^' and other i)ublislied interpretations under this Act as he deems neces- 5 use soo". ^ ai-y. Ivules, i-egulations. guidelines and othei- published interpretations or orders may include adjustments authorized by section 204 of the Intergoveiinnental Cooperation Act of 1068. For purposes of chapter 42 82 Stat. 1101. u s e 4214. .") of title any condition or guideline for receipt of financial assist- ance shall be deemed a rule to which section 553 applies. All such rules, regulations, guidelines, and other published interpretations or orders under this Act shall be i)ublished in the Federal Register at least thirty ^ P^^bUcation in 1 • ^ ^1 • jl' J.* 1 j_ /^ • /' m I T 1 •• " Federal Register. (lays prior to their eilective date. C opies of all such rules, regulations, Rules and reguia- guidelines. and other published inter])retations or orders shall be trans- *^°"^' transmittal •;, 1i i.1 • J. •^j_ p JT /^ ill ,• to c o n g r e s s i o n a l mitted to the a])proi)i']ate committees of the Congress at the same time committees. and shall contain with respect to each material provision of such rules, legulations, guidelines, and other published interpretations or orders,
878 PUBLIC LAW 93-203-DEC. 28, 1973 [87 STAT. citations to the pai-ticular substantive sexjtion of law which is the basis therefor. (b) The Secretary may make such grants, contracts, or agreements, establish such procedures (subject to such policies, rules, and regula- tions as he may prescribe), and make such payments, in installments and in advance or by way of reimbursement, or otherwise allocate or expend funds made available under this Act, as he may deem necessary to carry out the provisions of this Act, inchiding (without regard to 70A Stat. 269. the provisions of section 4774(d) of title 10, United States Code) expenditures for construction, repairs, and capital improvements, and including necessary adjustments in payments on account of overpay- ments or underpayments. The Secretary may also withhold funds otherwise payable under this Act, but only in order to recover any amounts expended in the current or immediately prior fiscal year in violation of any provision of this Act or any term or condition of assistance under this Act. CONDITIONS APPLICABLE TO ALL PROGRAMS SEC. 603. The Secretary shall not provide financial assistance for any program under this Act unless— Nondi scrimina- (1) the grant, contract, or agreement with respect thereto spe- tion. cifically provides that no person with responsibilities in the oper- ation of such program will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, political affiliation, or beliefs; (2) such program does not involve political activities; (3) participants in the program will not be employed on the (Construction, operation, or maintenance of so much of any facility a.s is used or to be used for sectarian instruction or as a place for religious worship; (4) conditions of employment or training will be appropriate and T-easonable in the light of such factors as the type of work, geographical region, and proficiency of the participant; (5) appropriate standards for the health, safety, and other conditions applicable to the performance of work and training on any ])roje<?t are established and will be maintained; Workmen's com- pensation. (()) appi'opriate workmen's compensation protection will be provided to all participants; (7) the program will not result in the displacement of employed workei'S or im])air existing contracts for services or result in the substitution of Federal for other funds in connection with work that would otherwise be performed; Training. (8) persons shall not be referred for training in an occupation which requires less than two weeks of pi-eemployment training unless there are immediate employment opportunities available in that occupation; (9) training and related stn-vices under any such program are designed, to the maxinunn extent practicable, consistent with every individual's fullest capabilities, to lead to employment opportunities enabling participants to l^ecome economically self- sufficient; (10) no person shall be referred for training authorized under paragraph (3) or (4) of section 101 iniless the Secretary or the piime sponsor, as appropi'iate, shall have determined that thei'e is a reasonable expectation of employment for such person in the occupation for which he is being trained; (11) funds will be used to supplement, to the extent practicable.
87 STAT. ] PUBLIC LAW 93-203-DEC. 28, 1973 879 the level of funds that would otherwise be made available from non-Federal sources for the purpose of planning and adminis- tration of programs within the scope of this Act and not to sup- plant such other funds; (12) the applicant will make such reports, in such forni and containing such information as the Secretary may from time to time require, and will keep such records and afford such access thereto as the Secretary may find necessary to assure that funds are being expended in accordance with the provisions of this Act; (13) the program will, to the maximum extent feasible, con- tribute to the occupational development or upward mobility of individual participants; (14) the program has adequate internal administrative con- trols, accounting requirements, personnel standards, evaluation procedures, availability of inservice training and technical assist- ance programs, and other policies as may be necessary to promote the effective use of funds; and (15) the program makes appropriate provision for the man- power needs of youths in the area to be served. SPECIAL LIMITATION SEC. 604. (a) No authority conferred by this Act shall be used to Non-skiUed jobs, enter into arrangements for, or otherwise establish, any training pro- grams in the lower wage industries in jobs where prior skill or train- ing is typically not a prerequisite to hiring and where labor turnover is high, or to assist in relocating establishments from one area to anothei-. Such limitations on relocation shall not prohibit assistance to a business entity in the establishment of a new branch, affiliate, or sub- sidiary of such entity if the Secretary of Labor finds that assistance will not result in an increase in unemployment in the area of original location or in any other area where such entity conducts business oper- ations, unless he has reason to believe that such bi-anch, affiliate, or subsidiary is being established with the intention of closing down the oper-ations of the existing business entity in the area of its original location or in any other area where it conducts such operations. (b) Acceptance of family planning services provided to trainees shall be voluntaiy on the part of the individual to whom such serv- ices are offered and shall not be a prerequisite to eligibility for or receipt of any benefit under the program. (c) No non-governmental individual, institution, or organization shall evaluate any program under this Act if that individual or such institution or organization is associated with that program as a con- sultant, technical adviser, or in any similar capacity. REPORTS SEC. 005. (a) The Secretai-y shall make such reports and i-econnnen- i^^^f""*^ *" ^"'^^' dations to the President as he deems appropriate pertaining to employ- ment and occupational requirements, I'esources, use, and ti'aining, and his recommendations for the succeeding fiscal year, and the President Presidential re- shall transmit to the Congress within sixty days after the beginning of ^°"''° '^°"«^^"- each regular- session a report pertaining to manpower requirements, resour-ces, utilization, andtr-aining. (b) The Secretary and the Secrvtary of Health, Education, and ^^^^^P"*"* *° ^°"" AVelfar-e shall r-epor-t to the Congr-ess on the extent to which comrmmity g r a s s . colleges, ar-ea vocatioiuil and technical schools and other vocational educational agencies and institutions, and vocational • rehabilitation agencies are being utilized to carry out tr-aining programs sui)ported in whole or in part from provisions of this and related Acts, the extent
880 PUBLIC LAW 93-203-DEC. 28, 1973 [87 STAT. to wliicli administrative steps have been taken and are being taken to encourao-e the use of sucli facilities and institntions and ao-encies m the carrying ont of the provisions of this Act and any further leg- ishation that may be required to assure effective coordination and uti- lization of such facilities and agencies to the end that all federally supported eniployment and training, vocational education, and voca- tional i-eiiabilitation programs can more eti'ectively accomplish their objectives of providing employment and training opportunities to all persons needing occupational training. Summer youth (c) The Secretary shall transmit to the Congress at the earliest programs, report to C o n g r e s s . appropriate date, but not later than March 1, of each calendar year a report setting forth a description of summer programs providing jobs for economically disadvantaged youth to begin in June of such year, including the number of o})portunities in ])ublic and private agencies or oiganizations that will be provided under section 304 (a) (3) of this Act or in the case of the summer of 19T4 under sec- tion 3(c), and a statement as to the total number of such persons who won hi be eligible for such programs, together with his recommenda- tions, if any, for supplemental appropriations for such programs. (d) Tlie Secretary, through the Bureau of Labor Statistics, shall annnally compile and maintain information on the incidence of unem- ployment among offenders and shall i)ublish the results of the infor- mation obtained pursiumt to this subsection in the rei)ort required under subsection (a) of this section. Employment op- (e) The Chairman of the United States Civil Service Commission, portunities for in consultation with the Secretary, shall report to the President and offenders, report to P r e s i d e n t and to the Congress no later than six months after the eft'ective date of Congress. this Act on tlie extent to which and manner in which employment opportunities for offenders may be increased in the Federal service, with special reference to the critei'ia used in determining the suitability of offenders for Federal employment, including such recommendations for additional legislation as they deem advisable. (f) Each pi-ime sponsor shall prepare for the Secretary, and make available, to the public, a report (m its activities under the Act, including a detailed comparison of program pei'formance with apj)roved plan. LABOR STANDARDS SKC. 600. All laborers and mechanics employed by contractors or subcontractors in any construction, alteration, or repair, including painting and decoiating of projects, buildings, and works which are federally assisted under this Acit, shall be paid wages at rates not less than tliose prevailing on similar construction in the locality as deter- mined by the Secretary in accordance with the Davis-Bacon Act, as 49 Stat. 1011; amended (40 U.S.C. 276a—276a-5). The Secretary shall have, with re- 85 Stat. 879. spect to such labor standards, the authority and fmictions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 5 u s e app. 1267) and section 2 of the Act of June 1, 1934, as amended (48 Stat. 948. as amended; 40 U.S.C. 276(c)). ACCEPTAXCE OF GIFTS SKC. 607. The Secretary is authorized, in carrying out his functions and responsijbilities under this Act, to accept in the name of the Department, and employ or dispose of in furtherance of the purposes of this Act, or any title thereof, an unconditional gift of any money or [)ropeity, real, personal, or mixed, tangible or intangible, received by gift, devise, l)equest, or otherwise; and to accept voluntary and
87 STAT. ] PUBLIC LAW 93-203-DEC. 28, 1973 i uncoiiipcnsiiriMl >i'i\ ices, uotwithstaiurnig tlio ))r()\isions of section :5«)7D(1)) of rhc Kcvised Statutos of the United States. ^^ "^^ ^"• I ril.IZATIOX OF SKRVrCKS AXD FACILITIES SKC. <)08. (a) III addition to sucli other authority as he may have, riie Secretary is authorized, in the performance of liis functions under this Act. and to tlie extent permitted by law, to utilize the services and facilities of departments, aoeneies, and establishments of the United States. The Secretary is also authorized to accept and utilize the services and facilities of the agencies of any State or political sulxlivision of a State, with their consent. (b) The Secretary shall carry out his responsibilities under this Act through the utilization, to the extent appropriate, of all resources for skill de\elopment available in industry, labor, public and private educational and tiaining institutions, vocational rehabilitation agen- cies, a]id other State. Federal, and local agencies, and other appropri- ate [)ui)lic and private organizations and facilities, with their consent. IXTERSTATP: AO]U:EMEXTS S E C BOD. In the e\ent that compliance with provisions of this Act would be enhanced by cooperative agreements between States, the cons(>nt of Congi'ess is hereby given to such States to enter into such compa<-ts and agreements to facilitate such compliance, subject to the appro\al of the Secretary. I'KOIIIIUTIOX ACAIXST rOLlTICAL ACTIVITIES SEC. HK). The Secretary shall not piovide financial assistance for any program under this Act which involves political activities; and neither the ])rogram, the funds provided therefor, nor personnel employed in the administration thereof, shall be, in any way or to any extent, engaged in the conduct of political activities in contravention of chapter 15 of title 5. United States Code. so stat. 403. ^ 5 u s e 1501. C)U:MIXAL PROVISIOXS SEC. ( U L (a) C^hapter ;^>1 of title 18, United States Code, is amended j^^l^H^^^^' hy adding a new section (565 to read as follows: is use 64i. "'THEFT OR EMBEZZLEMEXT FROM :StAXP()WER FTXDS ; IMl'ROl'ER IXDUCEMEXT "SEC. (i65. (a) WlioeA'er, being an officer, dii'ector, agent, or employee of, or connected in any capacity with, any agency receiving linancial assistance under the Comprehensive Employment and Training Act of 1973 embezzles, willfully misapplies, steals, or obtains by fraud any of the moneys, fuiids, assets, or property which are the subject of a grant or contract of assistance pursuant to this Act shall be fined not more than $10,000 or imprisoned for not more than two years, or both; but if the amount so embezzled, misapplied, stolen, or obtained by fraud does not exceed $100, he shall be fined not more than $1,000, ov imprisoned not more than one year, or both. "(b) Whoever, by threat of procuring dismissal of any person from e:mployment or of refusal to employ or refusal to renew a contract of employment in connection with a grant or contract of assistance under the Compreluinsive Employment and Training .Vet of 1973, induces any peison to give up any money or thing of any value to any person (including such grantee agency) shall be fined not more than $1,000. or imprisoned not more tiian one 3'ear. or ])oth."
882 PUBLIC LAW 93-203-DEC. 28, 1973 [87 STAT. (b) The analysis of cliapter 31 is amended by adding at the end tliereof the following new item: "665. Theft or embezzlement from manpower funds ; improper inducement." XOXDISCRIMIXATIOX SEC. 612. (a) Xo person in the L'nited States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any })rogram or actixity funded in whole oi- in pai't with funds made avail- able under this Act. Noncompliance. (b) Wheuevcr tlic Secretary determines that a prime sponsor or eligible applicant has failed to comply with subsection (a) or an appli- cable regulation, he shall notify the prime sponsor or eligible appli- cant of the noncom})liance and shall re(juest the prime sponsor or eligible a})plicant to secure compliance. If within a reasonable period of time, not to exceed sixty days, the prime sponsor or eligible applicant fails or refuses to secure compliance, the Secretary, in addition to exer- cising the powers and functions provided for the tei'mination of finan- cial assistance under this Act, is authorized (1) to refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; (2) to exercise the powers and functions pro- 78 Stat. 252. yidcd by title V I of the Civil Eights Act of 1964 (42 U.S.C. 2000d) ; or (3) to take such other action as may be provided by law. (c) When a matter is referred to the Attorney General pursuant to subsection ( b ) . or whenever he has reason to believe that a prime sponsor or eligible applicant is engaged in a pattern or practice in vio- lation of the provisions of this section, the Attorney General may bring a civil action in any appropriate T^'nited States district coui't for such relief as may be appropriate, including injunctive relief. (d) The Secretary shall enforce the provsions of subsection (a) dealing with discrimination on the basis of sex in accordance with sec- 20^,2 u^c 2oood.i, ^iQj-^ gQ2 of the Civil Eights Act of 1964. Section 603 of such Act shall apply with respect to any action taken by the Secretary to enforce such provisions of such subsection. This section shall not be construed as affecting any other legal remedy that a person may have if that person is excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with any ])rogram or activity receiving assistance under this Act. RKCORDS, AUDITS, AXD REPORTS SKC. 613. In order to assure that funds provided under this Act are used in accordance with its provisions, each recipient shall— (1) use such fiscal, audit, and accounting procedures as may be necessary to assure (A) proper accounting for payments received by it. and (B) proper disbursement of such payments; (2) provide to the Secretary and the Comptroller General of the United States access to, and the right to examine, any books, documents, papers, or records as he requires; and (3) make sucli reports to the Secretary or the Comptroller General of the I'nited States as he requires.
83 STAT. ] PUBLIC LAW 93-204-DEC. 28, 1973 883 REl'EALER SEC. 614. Effective with respect to fiscal years after June 30, 1974, Repeals. tlie Manpower Development and Training Act of 1962 and parts A, B, 42 u s e 2571 note. and E of title I of the P^conomic Opportunity Act of 1964 are repealed. 42 u s e 2711, Unexpended appropriations for carrying out such Acts may be made 2737, 2769. available to carry out this Act, as directed by the President. EFFECTIVE DATE SEC. 615. This Act shall take effect on the date of its enactment. Approved December 28, 1973. Public Law 93-204 AN ACT December 28, 1973 To amend section 232 of the National Housing Act to axithorize insured loans [S. 513] to provide tire safety equipment for nursing homes and intermediate care facilities. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled^ That section 232 of Nursing homes and intermediate the National Housing Act is amended by adding at the end thereof a care facilities. new subsection as follows: Fire safety equipment, in- "(i) (1) The Secretary is authorized upon such terms and conditions sured loans. as he may prescribe to make commitments to insure and to insure loans 73 Stat. 663; 83 Stat. 382. made by financial institutions or other approved mortgagees to nursing 12 u s e 1715w. homes and intermediate care facilities to provide for the purchase and installation of fire safety equipment necessary for compliance with the 1967 edition of the Life Safety Code of the National Fire Protec- tion Association or other such codes or requirements approved by the Secretary of Health, Education, and Welfare as conditions of partici- pation for providers of services under title X V I I I and title X I X of the Social Security Act. 42 u s e 1395, 1396. " (2) To be eligible for insurance under this subsection a loan shall— " ( A ) not exceed the Secretary's estimate of the reasonable cost of the equipment fully installed; " ( B ) bear interest at not to exceed a rate determined by the Secretary to be necessary to meet the loan market; " ( C ) have a maturity satisfactory to the Secretary; " ( D ) be made by a financial institution or other mortgagee approved by the Secretary as eligible for insurance under section 2 or a mortgagee approved under section 203 (b) ( 1 ) ; and 48 Stat. 1248. 12 u s e 1709. " ( E ) comply with other such terms, conditions, and restrictions as the Secretary may prescribe. "(3) The provisions of paragraphs (5), (6), (7), (9), and (10) of section 220(h) shall be applicable to loans insured under this subsec- 75 Stat. 154. tion, except that all references to 'home improvement loans' shall be 12 u s e 1715k. construed to refer to loans under this subsection. "(4) The provisions of subsections (c), ( d ) , and (h) of section 2 12 u s e 1703. shall apply to loans insured under this subsection, and for the purpose of this subsection references in such subsections to 'this section' or 'this title' shall be construed to refer to this subsection.". Approved December 28, 1973.