The text of the bill below is as of Oct 1, 1976 (Passed Congress).
90 STAT. 1476 PUBLIC LAW 94-444—OCT. 1, 1976 Public Law 94-444 94th Congress An Act Oct. 1, 1976 To authorize appropriations for carrying out title VI of the Comprehensive [H.R. 12987] Employment and Training Act of 1973, and for other purposes. Be it enacted hy the Senate and House of Representatives of the Emergency Jobs United States of America in Congress assembled^ T h a t this Act may Programs be cited as the "Emergency Jobs P r o g r a m s Extension Act of 1976". Extension Act of SEC. 2. Title V I of the Comprehensive Employment and Training- 1976. Act of 1973 is amended by striking out section 601 and inserting in 29 u s e 801 note. 29 u s e 961. lieu thereof the followiniJ:: a AUTHORIZATION OF APPROPRIATIONS "Sec. 601. There are authorized to be appropriated such sums as may be necessary for fiscal year 1976, and for the period beginning J u l y 1, 1976, and ending September 30, 1976, and for fiscal year 1977, for carrying out the provisions of this title.". SEC. 3. (a) (1) Section 203(b) of the Comprehensive Employment 29 u s e 843. and T r a i n i n g Act of 1973 is amended to read as follows: Funds, use " ( b ) Notwithstanding the provisions of section 208(a) (7) of this restrictions. Act, not less t h a n 85 per centum of the funds allocated in accordance with the provisions of this title which are used by an eligible applicant for public service employment programs under this title shall be expended only for wages and employment benefits to persons employed in public service jobs pursuant to this title, and the remainder of such funds may be used for administrative costs, including rental costs (within such reasonable limitations as the Secretary may prescribe with respect to the rental of space), and to obtain necessary supplies, equipment, and materials.". (2) Section 602(b) of the Comprehensive Employment and Train- 29 u s e 962. ing Act of 1973 is amended to read as follows: " ( b ) Notwithstanding the provisions of section 208(a) (7) of this Act, not less than 85 per centum of the funds allocated in accordance with the provisions of this title which are used by an eligible applicant for public service employment programs under this title shall be expended only for wages and employment benefits to persons employed in public service jobs pursuant to this title, and the remainder of such funds may be used for administrative costs, including rental costs (within such reasonable limitations as the Secretary may prescribe with respect to the rental of space), and to obtain necessary supplies, equipment, and materials.". (b) Section 704 of the Comprehensive Employment and T r a i n i n g 29 u s e 984. Act of 1973 is amended by inserting at the end thereof the following new subsection: Financial " ( d ) Financial records of a prime sponsor relating to public service records, employment programs assisted under this Act and records of the maintenance and names, addresses, positions, and salaries of all persons employed in availability. public service jobs assisted under this Act shall be maintained and made available ito the p u b l i c " .
PUBLIC LAW 94-444—OCT. 1, 1976 90 STAT. 1477 SEC. 4. (a) (1) W i t h respect to appropriations made by the Emer- 29 u s e 842 note. gency Supplemental Appropriations Act of 1976 (Public Law 94-266, enacted A p r i l 15, 1976) for the purpose of carrying out activities Ante, p. 362. authorized by title I I of the Comprehensive Employment and Train- ing Act of 1973— 29 u s e 841. ( A ) notwithstanding any other provision of law, funds made available under section 202(b) of the Comprehensive Employ- ment and T r a i n i n g Act of 1973 may be used in any areas qualify- 29 u s e 842. ing under title V I of such Act to provide a continuation of public 29 u s e 861. service employment activities under both title I I and title V I of such A c t ; and ( B ) in order to enable persons employed in public service jobs Waiver. financially assisted under title V I of such Act to be transferred to jobs financially assisted under title I I of such Act, the Secre- t a r y of Labor is authorized to waive the provision of section 205(a) of such Act requiring a thirty-day period of 29 u s e 845. unemployment. (2) The provisions of p a r a g r a p h (1) of this subsection shall be Effective date. deemed to have taken effect on the date of enactment of the Emer- gency Supplemental Appropriations Act of 1976. Persons transferred after such date from jobs financially assisted under title VT of the Comprehensive Employment and T r a i n i n g Act of 1973 to jobs finan- cially assisted under title I I of such Act, using funds made available under the Emergency Supplemental Appropriations Act of 1976, shall after the date of enactment of this Act be considered to be public service jobholders financially assisted under such title V I . (b) Subsection (b) of section 603 of the Comprehensive Employ- ment and T r a i n i n g Act of 1973 is amended by adding at the end of such 29 u s e 963. subsection the following new sentences: " I n distributing funds avail- able for the discretionary use of the Secretary of Labor under this subsection, the Secretary is authorized to utilize such funds to assure a continuation of public service employment activities supported under this Act. I n distributing such funds under this subsection to prime sponsors, the Secretary shall base allocations upon the public service employment activities sustained within the jurisdicton of each unit of general local government within the area served by each such prime sponsor in accordance with subsection (c) of this section.". SEC. 5. (a) Title V I of the Comprehensive Employment and Train- ing Act of 1973 is further amended by adding at the end thereof the followinir new sections: "RESERVATION or F U N D S ; EMPLOYMENT or LONG-TERM UNEMPLOYED, LOW-INCOME PERSONS " S E C . 607. (a) E a c h prime sponsor, in accordance with regulations 29 USe 967. which the Secretary shall prescribe, shall reserve out of any alloca- tion which it receives under this title from appropriations for fiscal year 1977 such amount as will be sufficient, when added to funds available for use under title I I of this Act d u r i n g such fiscal year, 29 USe 841. to enable the prime sponsor to sustain throughout such fiscal year the number of public service jobholders supported under this title and title I I of this Act on J u n e 30,' 1976. " ( b ) The amount of each prime sponsor's allocation under this title remaining after funds are reserved for the purpose described in sub- section (a) of this section shall be used to provide public service jobs for eligible unemployed persons (as described in section 608) in proj- Post, p. 1478.
90 STAT. 1478 PUBLIC LAW 94-444—OCT. 1, 1976 ects and activities carried out by project applicants (as defined in Post, p. 1479. section 701(a) (15) of this Act). Such projects and jobs shall not Time limitation. exceed twelve months in duration and shall provide employment con- sistent with the aim of maintaining average federally supported wage rates for public service jobholders (adjusted on a regional and area 29 u s e 849. basis) as set forth under section 209 (b) of this Act. Vacancies. "(c) Vacancies occurring after June 30, 1976, in jobs supported under this title and the Emergency Supplemental Appropriations Ante, p. 362. Act of 1976 (Public Law 94-266) to which subsection (a) of this section is applicable shall be filled as follows: "(1) Fifty per centum of such vacancies shall be filled in Infra. accordance with the provisions of section 608. " (2) Fifty per centum of such vacancies shall be filled in accord- ance with the provisions of this title (other than the provisions of this section, except for this paragraph, and of sections 608 and Post, p. 1479. 609) except that a prime sponsor may give preference in filling such vacancies to unemployed public health and safety personnel in public health and safety positions for which they are qualified. "ELIGIBILITY OF LONG-TERM UNEMPLOYED, LOW-INCOME PERSONS 29 u s e 968. "SEC. 608. (a) In filling public service jobs with financial assistance available for the purposes of subsections (b) and (c) (1) of section Ante, p. 1477. 607, each prime sponsor shall determine that any person to be employed in any such public service job (1) is an individual— "(A) who has been receiving unemployment compensation for fifteen or more weeks; "(B) who is not eligible for such benefits and has been unem- ployed for fifteen or more weeks; "(C) who has exhausted unemployment compensation benefits; or "(D) who is. or whore family is, receiving aid to families with dependent children provided under a State plan approved under 42 u s e 601. part A of title TV of the Social Security Act; and (2) is not a member of a household which has current gross family income, adjusted to an annualized basis (exclusive of unemployment compensation and other public payments which such individual will be disqualified from receiving by reason of employment under this title) at a rate exceeding 70 per centum of the lower living standard income level. "Lower living "(b) For purposes of this section, the term 'lower living standard standard income income level' means that income level (adjusted for regional and metro- level." politan and urban and rural differences and family size) determined annually by the Secretary based upon the most recent 'lower living standard budget' issued by the Bureau of Labor Statistics of the Department of Labor. Funds, equitable "(c) Tn filling public service jobs, each prime sponsor shall take allocation. reasonable steps, which such sponsor shall determine, to insure that funds provided in accordance with subsections (b) and (c) (1) of sec- Ante, p. 1477, tion 607 shall be equitably allocated for jobs among the categories of eligible persons described in section 608(a) in light of the composi- tion of the population of unemployed eligible persons served by the prime sponsor. Job applicants, "(d) In providing public service jobs and determining hours of household work for eligible persons with financial assistance provided in accord- support ance with subsections (b) and (c) (1) of section 607, each prime spon- obligations, consideration. sor shall take into account the household support obligations of the
PUBLIC LAW 94-444—OCT. 1, 1976 90 STAT. 1479 men and women applying for such jobs, and shall give special con- sideration to such alternative working arrangements as flexible hours of work, shared time, and part-time jobs, for eligible persons, particu- larly for parents of young children and for older persons. " ( e ) T h e Secretary, through the affiliated State employment secu- Available jobs, rity agencies, shall take steps to inform the recipients of unemployment notification. compensation benefits of any available public service jobs for which such recipients may be eligible, but such notification shall clearly state t h a t such notification is designed only to inform, and in no way to coerce, such recipients with respect to the availability of such jobs. a APPROVAL OF PROJECTS " S E C . 609. (a) I n order for a project application submitted by a Applications. project applicant to be approved by the prime sponsor for financial 29 u s e 969. assistance provided in accordance with subsection (b) of section 607, Ante, p. 1477. copies of such application shall have been submitted at the time of such application to the prime sponsor's planning council established u n d e r section 104, for the purpose of affording such council an oppor- 29 u s e 814. tunity to submit comments and recommendations with respect to t h a t application to the prime sponsor. No member of a prime sponsor's planning council shall cast a vote on any matter in connection with a project in which t h a t member (or any organization with which t h a t member is associated) has a direct interest. " ( b ) Consistent with procedures established by the prime sponsor Disapproval. in accordance with regulations which the Secretary shall prescribe, the prime sponsor shall not disapprove a project application submitted by a project applicant unless it has first considered any comments and recommendations made by the prime sponsor's planning council and unless it has provided such applicant and the planning coimcil Avith a written statement of its reasons for such disapproval.". ( b ) ( 1 ) Section 701(a) of the Comprehensive Employment and T r a i n i n g Act of 1973 is amended by adding at the end thereof the 29 u s e 981. folloAving new p a r a g r a p h : "(15) 'project applicants' includes States and agencies thereof, "Project units of general local government and agencies thereof or com- applicants." binations or associations of such governmental units when the p r i m a r y purpose of such combinations or associations is to assist such governmental units to provide public services, special purpose political subdivisions having the power to levy taxes and spend funds or serving such special purpose within an area served by one or more units of general local government, local educational agencies as defined in section 801(f) of the Elementary and Sec- ondary Education Act of 1965, institutions of higher education as 20 u s e 881. defined in section 1201 (a) of the H i g h e r Education Act of 1965, 20 u s e 1141. community-based organizations as defined in p a r a g r a p h (1) of this subsection, community development corporations, nonprofit groups and organizations serving I n d i a n s or Native Hawaiians, fi K1 other nonprofit private organizations or institutions engaged in public service.". (2) The last sentence of section 606 of the Comprehensive Employ- Funds, ment and T r a i n i n g Act of 1973 is amended to read as follows: " I n reallocation. reallocating any such funds, the Secretary shall give priority first to 29 u s e 966. other areas within the same S t a t e and then to areas within other
90 STAT. 1480 PUBLIC LAW 9 4 - 4 4 4 — O C T . 1, 1976 States, taking into account the number of eligible unemployed indi- Ante, p. 1478. viduals (as described in section 608) in such areas.". (3) Section 605 of the Comprehensive Employment and T r a i n i n g 29 u s e 965. Act of 1973 is amended by inserting after "projects and activities" a comma and the following: "including projects and activities to be carried out by project applicants as defined in section 701 (a) (15) of Ante, p. 1479. this Act,". (c) Section 702 of the Comprehensive E m p l o y m e n t and T r a i n i n g 29 u s e 982. Act of 1973 is amended by adding at the end thereof the following new subsection: " ( c ) The Secretary shall not, by regulation or otherwise, impose any quota or lijnitation on the number or percentage of persons hired 29 u s e 841, under title I I or V I , or both, of this Act who were former employees 861. of public employers under this Act and who held jobs supported under title I I or V I of this Act on J u n e 30, 1976, or who are hired to fill Ante, p. 1478. vacancies under the provisions of section 607(c) ( 2 ) . A n y person who, between J u n e 30,1976, and the date of enactment of this Act, was laid off from a job supported under title I I or V I of this Act by reason of such a quota or limitation may be reinstated by the prime sponsor without regard to the provisions of section 607(c). Nothing in this subsection shall be construed to relieve any prime sponsor from com- 29 u s e 845. plying with section 205 (c) (8) of this Act.". Restriction. (d) Section 605 of the Comprehensive Employment and T r a i n i n g 29 u s e 965. Act of 1973 is amended by inserting " ( a ) " after such section desig- nation and by adding at the end thereof the following new subsection: " (b) No funds for public service employment programs under this Act may be used to provide public services, t h r o u g h a private or non- profit organization or institution, which are customarily provided by a State, a political subdivision, or a local educational agency in the area served by the project.". SEC. 6. (a) Title 11 of the Emergency Jobs and Unemployment Assistance Act of 1974 is amended by adding at the end thereof the following new p a r t : " P A R T B — K E I M B U R S E M E N T FOR U N E M P L O Y M E N T B E N E F I T S P A I D ON B A S I S OF P U B L I C SERVICE E M P L O Y M E N T a PAYMENTS TO STATES 26 u s e 3304 " S E C . 220. (a) E a c h State shall be paid by the U n i t e d States with note. respect to each individual— " ( 1 ) who receives compensation with respect t o any benefit year, and " ( 2 ) whose base period wages for such benefit year include public service wages, an amount which bears the same ratio to the total amount of com- pensation paid to such individual with respect to such benefit year for weeks of unemployment which begin on or after J a n u a r y 1,1976, as the amount of the public service wages included in the individual's base period wages bears to the total amount of the individual's base period wages. Payment " ( b ) E a c h State shall be paid, either in advance or by way of reim- methods. bursement, as m a y be determined by the Secretary, the sum t h a t the Secretary estimates is payable to such State under this p a r t for each calendar month. The sum shall be reduced or increased by the amount
PUBLIC LAW 94-444—OCT. 1, 1976 90 STAT. 1481 which the Secretary finds that his estimate for an earlier calendar month was greater or less than the sum which should have been paid to the State. Estimates shall be made on the basis of reports made by the State to the Secretary as prescribed by the Secretary. "(c) The Secretary shall, from time to time, certify to the Secre- Certification. tary of the Treasury the sum payable to each State under this part. The Secretary of the Treasury, prior to audit and settlement by the Gen- eral Accounting Office, shall pay the State in accordance with the cer- tification from funds for carrying out the purposes of this part. "(d) Money paid to a State under this part may be used solely for Unused funds, the purpose of paying compensation. Money so paid which is not used return to for such purpose shall be returned, at the time specified by the Secre- Treasury. tary, to the Treasury of the United States and credited to current applicable appropriations, funds, or accounts from which payments to States under this part may be made. "(e) In the case of any political subdivision of a State which has Political in effect an unemployment compensation program which provides for subdivision, the payment of compensation on the basis of services performed in eligibility for payments. its employ, such political subdivision shall be entitled to payments under this part in the same manner and to the same extent as if such political subdivision were a State. "STATE I ^ W PROVISIONS "SEC. 221. (a) The unemployment compensation law of any State 26 use 3304 may provide that any organization which elects to make payments note. (in lieu of contributions) into the State unemployment compensation fund— "(1) shall not be liable to make such payments after the date of the enactment of this section with respect to any compensa- tion to the extent that such State is entitled to payments with respect to such compensation under this part; and "(2) shall receive credit against payments required to be made after such date of enactment for any such payments made on or before such date of enactment to the extent that such payments were made with respect to compensation for which the State is entitled to receive payments under this part. "(b) The unemployment compensation law of any State may, with- Adjustments. out being deemed to violate the standards set forth in section 3303(a) of the Internal Revenue Code of 1954, provide for appropriate adjust- 26 use 3303. ments, as may be determined by the Secretary, in the account of any employer who has paid public service wages to reflect the payments to which such State is entitled under this part with respect to com- pensation attributable to such wages. 'AUTHORIZATION OF APPROPRIATIONS "SEC. 222. There are hereby authorized to be appropriated for pur- 26 use 3304 poses of this part such sums as may be necessary. note. u DEFINITIONS "SEC. 223. As used in this part, the term— 26 use 3304 "(1) 'State' means the States of the United States, the Dis- note. trict of Columbia, Puerto Rico, and the Virgin Islands;
90 STAT. 14fi2 PUBLIC LAW 9 4 - 4 4 4 — O C T . 1, 1976 " ( 2 ) 'compensation' means cash benefits payable to individuals with respect to their unemployment, except t h a t such term shall not include special unemployment assistance payable under p a r t " ( 3 ) 'public service job' means any public service job funded with assistance provided under the Comprehensive Employment 29 u s e 801 note. and T r a i n i n g Act of 1973; " ( 4 ) 'public service wages' means remuneration for services performed in a public service job to the extent t h a t such remu- neration is paid with funds provided under the Comprehensive Employment and T r a i n i n g Act of 1973; " ( 5 ) 'benefit year' means the benefit year as defined by the applicable State unemployment compensation l a w ; " ( 6 ) 'base period' means the base period as defined by the applicable State unemployment compensation law for the benefit y e a r ; and " ( 7 ) 'Secretary' means the Secretary of Labor." • ,• •' 26 u s e 3304 (b) Title I I of such Act is further amended— note. (1) by inserting after the heading of such title the following: " P A R T A—SPECIAL UNEMPLOYMENT ASSISTANCE"; (2) by striking out "this title" each place it appears and insert- ing in lieu thereof "this p a r t " ; and 29 u s e 850. (3) by striking out "the title" in section 210(a) and inserting in lieu thereof "this title". Effective date. (c) The amendments made by this section shall take effect on Octo- 29 u s e 3304 ber 1,1976, with respect to compensation paid for weeks of unemploy- note. ment beginning after December 31, 1975. SEC. 7. Section 20,5 (c) (24) of the Comprehensive E m p l o y m e n t and 29 use 845. T r a i n i n g Act of 1973 is amended by striking out "job category" in both places where that term occurs in such clause and inserting in lieu thereof "promotional line". 29 use 962. SEC, 8. (a) Section 602(e) of the Comprehensive E m p l o y m e n t and T r a i n i n g A c t of 1973 is amended by striking out " I n d i a n tribes on Federal or State reservations" and inserting in lieu thereof " I n d i a n tribes, bands, and groups qualified under section 3 0 2 ( c ) ( 1 ) of this 29 use 872. Act". (b) Section 603(a) of the Comprehensive Employment and T r a i n - 29 use 963. ing Act of 1973 is amended by redesignating p a r a g r a p h s (1) and (2) thereof as p a r a g r a p h s (2) and ( 3 ) , respectivelv, and by inserting immediately after " ( a ) " the following: " ( 1 ) T h e Secretary shall reserve an amount equal to not less t h a n 2 per centum of the amounts 29 use 861. appropriated under section 601 for any fiscal year to enable I n d i a n tribes, bands, and groups which are designated as eligible applicants under this title to carry out public service employment programs.". ;. - - (c) Section 6 0 3 ( a ) ( 2 ) of such Act, as redesignated by subsection (b) of this section, is amended by inserting after "per centum" t h e following: "of the remainder". SEC. 9. (a) Section 704 of the Comprehensive E m p l o y m e n t and Ante, p. 1476. T r a i n i n g Act of 1973 (as amended by section 3 ( b ) of this Act) is further amended by adding at the end thereof the following new subsection: " ( e ) Notwithstanding any other provision of law, funds allocated by a prime sponsor or an I n d i a n tribe, band, or group for the employ-
PUBLIC LAW 9 4 - 4 4 4 — O C T . 1, 1976 90 STAT. 1483 merit of individuals under this Act may be expended in conjunction with funds from any other public or private source, but funds allo- cated under this Act may only be expended in accordance with the requirements of this Act.". (b) T h e heading of such section 704 is amended to read as follows: 29 u s e 984. "SPECIAL PROVISIONS". SEC. 10. Section 311 of the Comjjrehensive E m p l o y m e n t and T r a i n - ing Act of 1973 is amended by adding at the end thereof the following 29 u s e 881. new subsection: " ( e ) T h e Secretary is authorized to undertake projects (either Relocation directly or by g r a n t or contract) for the purpose of demonstrating assistance. the feasibility of providing relocation assistance to unemployed work- ers residing in areas of substantial unemployment who would other- wise be eligible for public service employment under this Act. Such assistance shall be in such form and amount as the Secretary deems appropriate for demonstration purposes, except t h a t he shall use as a general guideline the form and amount of relocation assistance avail- able under chapter 2 of title I I of the T r a d e Act of 1974.". 19 use 2271. SEC. 11. Section 704 of the Comprehensive Employment and T r a i n - ing Act of 1973 (as amended by sections 3 ( b ) and 9 of this Act) is Ante, pp. 1476, further amended by a d d i n g at the end thereof the following new 1482. subsection: " ( f ) Notwithstanding any other provision of law, employment and t r a i n i n g services furnished under this Act in connection with weather- ization projects authorized under section 222(a) (12) of the Economic O p p o r t u n i t y Act of 1964 may include work on such projects for the 42 use 2809. near poor, including families having incomes which do not exceed 125 per centum of the poverty line as established by section 625 of the Economic O p p o r t u n i t y Act of 1964.". 42 use 2971d. SEC. 12, (a) Section 104(b) of the Emergency Jobs and Unem- ployment Assistance Act of 1974 is amended by— 38 use 2002 (1) striking out "by this A c t " after "amended"; and note. (2) inserting at the end of such subsection the following new sentence: "They shall also report to such committees on the same Report to subjects not later than ninety davs after the date of enactment of congressional the Emergency Jobs P r o g r a m s Extension Act of 1976.". committees. (b) Title I of the Comprehensive Employment and T r a i n i n g Act of 1973 is amended by— (1) inserting at the end of section 1 0 5 ( a ) ( 3 ) the following 29 u s e 815. " a n d ( E ) provides such arrangements as m a y be appropriate to promote maximum feasible use of apprenticeship or other on-job t r a i n i n g opportunities available under section 1787 of title 38, United States C o d e ; " ; and (2) striking out in section 106(b) (5) "provide special emphasis" 29 u s e 816. i and inserting in lieu thereof "take affirmative action". SEC. 13. (a) (1) T h e Congress finds and declares t h a t — 29 u s e 952 note. ( A ) the reliable and comprehensive measurement of employ- ment and unemployment is vital to assessing the Nation's eco- nomic well-being and the utilization of its work force, and is an important determinant of public policies toward job creation, education, training, assistance for the jobless, and other labor market p r o g r a m s ;
90 STAT. 1484 PUBLIC LAW 94-444—OCT. 1, 1976 (B) the allocation of billions of dollars of Federal funds on the basis of unemployment data is increasing, making even more crucial the timely, accurate, and uniform measurement of the labor force; (C) the formulation of public policies to promote the most effective use of our human resources is hindered by inadequate information on the utilization and effect of education and training programs; (D) in order for governmental and private sector policy deci- sions to have maximum effect upon reducing unemployment and strengthening the labor force, an accurate and precise system for measuring employment and unemployment and its impacts on particular segments of the potential work force is essential; (E) the current method of data collection and the form of its presentation, at national, regional, and subregional levels, may not fully reflect unemployment and employment trends, and may produce incomplete and, therefore, misleading conclusions, thus impairing the validity and utility of this critical economic indi- cator ; (F) it is critical to retain public confidence in the procedures, concepts, and methodology of collecting, analyzing, and present- ing employment and unemployment statistics; and (G) objectivity is a necessity in considering reform of statis- tical processes. (2) It is the purpose of this section to establish a National Com- mission on Employment and Unemployment Statistics to have respon- sibility for examining the procedures, concepts, and methodology involved in employment and unemployment statistics and suggesting ways and means of improving them. National (b)(1) There shall be established a National Commission on Commission on Employment and Unemployment Statistics (hereinafter in this section Employment and referred to as the "Commission") which shall consist of nine members Unemployment Statistics. appointed by the President, by and with the advice and consent of the Establishment. Senate. Seven of the members shall be selected on the basis of their Membership. knowledge of and experience in the procedures, methodology, or use of employment and unemployment statistics, and shall be broadly representative of labor, business and finance, education and training, economics and statistics, and State and local government. Two of the members shall be selected from the general public. The membership of the Commission shall be generally representative of significant seg- Vacancies. ments of the labor force, including women and minority groups. Any vacancy in the Commission shall not affect its powers as long as there continues to be at least five members; and any such vacancy may be filled in the same manner as the original appointment is made. Advisory (2) Except when six members of the Commission shall vote to hold members. an executive session for a particular purpose, the Secretary of Labor, the Secretary of Commerce, the Commissioner of Labor Statistics, the Director of the Bureau of the Census, the Director of the Office of Management and Budget, the Chairman of the National Commission for Manpower Policy, the Chairman of the Council of Economic Advisers, and a majority and a minority member each of the Joint Economic Committee, of the Committee on Labor and Public Welfare of the Senate, and of the Committee on Education and Labor of the House of Representatives, or in each case a designee, shall assist and participate in the hearings, deliberations, and other activities of the Commission on an advisory basis.
PUBLIC LAW 94-444—OCT. 1, 1976 90 STAT. 1485 (3) The President shall designate a Chairman from among the Chairman. appointed members of the Commission. (4) The Chairman, with the concurrence of the Commission, shall Executive appoint an executive director, who shall be the chief executive officer director, of the Commission and shall perform such duties as are prescribed appointment. by the chairman or the Commission. The executive director may appoint, with the concurrence of the Chairman, such professional, technical, and clerical staff as are necessary to carry out the provisions of this section. The executive director and staff shall be appointed without regard to the provisions of title 5, United States Code, govern- 5 u s e 101 et seq. ing appointments to the competitive service, governing appointments to the competitive service, and without regard to the provisions of chapter 51 and subchapter I I I of chapter 53 of such title relating to 5 u s e 5101 et classification and General Schedule pay rates, but at rates not in excess seq., 5331. of the maximum rate of GS-18 of the General Schedule under section 5332 of such title. The executive director, with the concurrence of the 5 u s e 5332 note. Chairman, may obtain temporary and intermitten services of experts Experts and and consultants in accordance with the provisions of section 3109 of consultants. title 5, United States Code. The Commission may utilize such staff, with or without reimbursement, from the Department of Labor, the Department of Commerce, and such other appropriate Federal agen- cies as may be available to assist the Commission in carrying out its responsibilities. (5) The Commission shall determine its own internal procedures, including the constituting of a quorum. (6) The Commission is authorized to accept and utilize voluntary and uncompensated services notwithstanding the provisions of section 665(b) of title 31, United States Code. (7) Members of the Commission who are not officers or employees Compensation. of the Federal Government shall be paid compensation at a rate of not to exceed the per diem equivalent of the rate for GS-18 of the General Schedule under section 5332 of title 5, United States Code, when 5 u s e 5332 note. engaged in the work of the Commission, including traveltime; and while serving away from their homes or regular places of business, shall be allowed travel expenses including per diem in lieu of sub- sistence, in the same manner as such expenses are authorized by law (5 U.S.C. 5703) for persons in the Government service employed intermittently. (c) The Commission shall— Duties. (1) identify the needs of the Nation for labor force statistics and assess the extent to which current procedures, concepts, and methodology in the collection, analysis, and presentation of such statistics constitute a comprehensive, reliable, timely, and con- sistent system of measuring employment and unemployment and indicating trends therein; and (2) conduct or provide (through contract with institutions, organizations, and individuals, or appropriate Federal or State agencies, or otherwise) for such studies, hearings, research, or other activities as it deems necessary to enable it to formulate appropriate recommendations. The Commission or, on the authorization of the Commission, any Hearings. subcommittee or members thereof, may, for the purposes of carrying out the provisions of this section, hold such hearings, take such testi- mony, and sit and act at such times and places as the Commission deems advisable. Any member authorized by the Commission may administer oaths or affirmations to witnesses appearing before the Commission or any subcommittee or members thereof.
90 STAT. 1486 PUBLIC LAW 9 4 - 4 4 4 — O C T . 1, 1976 Report to (<i) (1) The Commission shall make a report of its findings and President and recommendations to the President and the Congress within eighteen Congress. months after t h e date of appointment of the first five members of the Commission. (2) I n p r e p a r i n g its report, the Commission shall consider t h e following: ( A ) T h e methodology of collection of employment and unem- ployment data at all levels, including National, regional. State, and local statistics. ( B ) The methodology of analysis of such data, including its relevance and application. (C) T h e methodology of presentation of employment and "• . unemployment statistics, including the dissemination, current v utilization, and application of such statistics. ( D ) Alternative methods of such collection, analysis, and .. presentation. ( E ) T h e need for additional special statistical surveys (includ- ing longitudinal studies) and reports on a continuing basis. ( F ) T h e need for additional data and analysis on job vacancies, job turnover, job matching, discouraged workers, part-time work- ers, youth, minorities, women, and other labor force participants. (G) Accuracy and uniformity of seasonal adjustments in all categories of labor force statistics. ( H ) Methods of achieving current, accurate, and uniform employment and unemployment statistics on a State and local basis, including their use as a determinant of the allocation of Federal assistance. ( I ) T h e need for, and methods to obtain, data relating employ- •"-.f5 -;.:'. • • ment status and earnings, economic hardship, and family support obligations. ( J ) T h e extent to which employment and earnings data assist .... „ t , : t'-' G in determining the impact of public programs and policies upon persons who are economically disadvantaged, unemployed, or underemployed. ( K ) T h e availability of and need for periodic information on education and t r a i n i n g enrollments and completions in the public and private sectors. ( L ) Statistical indicators of the relationship between education J-.,.. , and t r a i n i n g and subsequent employment, earnings, and unem- ployment experience. (M) T h e value and usefulness of other statistics regarding employment and unemployment, such as those obtained t h r o u g h operation of the unemployment insurance system. ( N ) T h e availability of and need for current and projected occupational information, particularly on a local basis, to assist youths and adults in making training, education, and career choices. (O) Such other matters as the Commission deems a p p r o p r i a t e or necessary, including such matters as are suggested by the Presi- dent or by the Congress t h a t the Commission deems appropriate. Draft regulations (3) T h e Commission's report shall contain its findings and recom- and legislation. mendations, including a feasible schedule for their implementation, cost estimates, and any appropriate draft regulations and legislation to implement such recommendations.
PUBLIC LAW 9 4 - 4 4 4 — O C T . 1, 1976 90 STAT. 1487 (4) T h e Commission may make such interim reports or recom- mendations as it may deem desirable. (e) Upon submission of the Commission's final report, the Secretary Report to of Labor shall take steps to ascertain the views of each affected execu- Congress, tive agency and, within six months after the report's submission, shall make an interim report to the Congress on— (1) the desirability, feasibility, and cost of implementing each of the Commission's recommendations, and the actions taken or planned with respect to their implementation; and (2) recommendations with respect to any legislation proposed by t h e Commission, the need for any alternative or additional leg- islation to implement the Commission's recommendations, and any other proposals to strengthen and improve the measurement of employment and unemployment. W i t h i n two years after submission of the Commission's final report, the Secretary shall submit a final report to the Congress detailing the actions taken with respect to the recommendations of the Commission, together with any further recommendations deemed appropriate. (f) (1) E a c h department, agency, and instrumentality of the Federal Government is authorized and directed t o cooperate fully with t h e Commission in furnishing appropriate information to assist the Com- mission in carrying out its functions under this section. (2) The head of each department, agency, or instrumentality of the Federal Government is authorized to provide such support and services to the Commission, upon request of the Chairman, as may be agreed between the head of the department, agency, or instrumentality and the Chairman. (g) T h e Commission shall cease to exist one hundred and eighty Termination. days after submission of its final report as required under subsection (d) (1) of this section. ( h ) (1) There are authorized to be appropriated such sums as may Appropriation be necessary to carry out the provisions of this section. authorization. (2) Notwithstanding any other provision of law, any funds appro- priated to carry out this section which are not obligated prior to the end of the fiscal year for which such funds were appropriated shall remain available for obligation during the succeeding fiscal year. SEC. 14. (a) Section 202 of the Comprehensive Employment and T r a i n i n g Act of 1973 is amended by adding at the end thereof the 29 USC 842. following new subsection: " ( c ) Whenever the Secretary allocates any funds available under Publication in subsection (b) of this section through a distribution based upon a Federal Register. formula, he shall, not later than 30 days prior to such allocation, pub- lish in the Federal Register for comment the specific formula upon which such distribution is based, the rationale supporting the selection of the formula, and the proposed distribution to each prime sponsor. After consideration of comments received under the preceding sen- tence, the Secretary shall publish final allocations.". (b) Section 603 of such Act is amended by adding at the end thereof 29 USC 963. t h e following new subsection: " ( d ) Whenever the Secretary allocates any funds available under Publication in subsection (b) of this section t h r o u g h a distribution based upon a Federal Register, formula, he shall, not later t h a n 30 days prior to such allocation, pub- lish in the Federal Register the specific formula upon which such dis- tribution is based, the rationale behind the selection of the formula, and the proposed distribution for each prime sponsor. After consider- ation of comments received under the preceding sentence, the Secre- t a r y shall publish final allocations.". 89-194 0—7H—nt 1 Q7
90 STAT. 1488 PUBLIC LAW 94-444—OCT. 1, 1976 Public service SEC. 15. (a) The National Commission for Manpower Policy, estab- employment lished under title V of the Comprehensive Employment and Training programs, study. Act of 1973, shall conduct a study of the net employment effects of the 29 u s e 953 note. 29 u s e 951. public service employment programs authorized by title I I and title 29 u s e 841, VI of the Comprehensive Employment and Trainmg Act of 1973. 861. (b) The National Commission for Manpower Policy shall prepare Report to and submit to the Congress not later than March 31,1978, a report on eongress. the study rejjuired by this section, together with such recommenda- tions, including recommendations for legislation, as such Commission deems advisable. Appropriation (c) There are authorized to be appropriated such sums as may be authorization. necessary to carry out the provisions of this section. Approved October 1, 1976. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1019 (Comm. on Education and Labor) and No. 94-1514 (eomm. of eonference). SENATE REPORT No. 94-883 (Comm. on Labor and Public Welfare). CONGRESSIONAL RECORD, Vol. 122 (1976): Apr. 30, considered and passed House. Aug. 9, 10, considered and passed Senate, amended. Sept. 17, House agreed to conference report. Sept. 22, Senate agreed to conference report. ,