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classified to section 2571 et seq. of Title 42, The Public Health and Welfare, was repealed by section 614 of Pub. L. 93-203.

Parts A, B, and E of title I of the Economic Opportunity Act of 1964, referred to in subsec. (d) (3), are parts A, B, and E of title I of Pub. L. 88-452, which were classified, respectively, to sections 2711 et seq., 2731 et seq., and 2769 et seq. of Title 42, and were repealed by section 614 of Pub. L. 93-203.

EFFECTIVE DATE

Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 815, 817, 819, 820 of this title.

§ 819. Judicial review.

(a) United States Court of Appeals.

If any prime sponsor is dissatisfied with the Secretary's final action with respect to the approval of its comprehensive manpower plan submitted under section 815 or section 816 of this title or with his final action under section 818 of this title, such prime sponsor may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which 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.

(b) Findings of fact.

The findings of fact by the Secretary, if supported by substantial 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) Further review by United States Supreme Court. The court shall have jurisdiction 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 Title 28. (Pub. L. 93-203, title I, § 109, Dec. 28, 1973, 87 Stat. 848.)

EFFECTIVE DATE

Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 816 of this title. § 820. Authority of Secretary to provide services.

(a) In any area of a State which has not qualified as a prime sponsor and for which no other prime sponsor has qualified under paragraph (2), (3), (4), or (5) of section 812(a) of this title or where the Secretary has taken an action under subsection (b) (2) or (d) of section 818 of this title 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 813(a) of this title to provide for continuing programs by making payments directly to public and

private nonprofit agencies and organizations conducting activities which he determines are not in violation of the requrements of ths 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 authorized (if no other eligible prime sponsor is designated under section 812 of this title 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 Secretary shall, prior to making any payments under this chapter for any fiscal year, enter into an agreement with any prime sponsor receiving payments under this chapter which contains provisions adequate to assure that the provisions of this section are carried out effectively. (Pub. L. 93-203, title I, § 110, Dec. 28, 1973, 37 Stat. 848.)

EFFECTIVE DATE

Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 813, 883 of this title.

§ 821. Allowances.

(a) Basic weekly allowances for individuals receiving training or education under this subchapter 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 compensation payments shall equal the minimum wage for a work week of forty hours under section 206 (a) (1) of this title or, if higher, under the applicable State or local minimum wage law, and such basic allowances shall, in the case of an individual with 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 chapter. 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 allowance of $30 per week. Such allowance shall be disregarded in determining the amount of public assistance payments under Federal or Federally assisted public assistance programs. In prescribing allowances, the prime sponsor shall, in accordance with regulations prescribed by the Secretary, allow additional sums for special circumstances 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 necessaries 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 prescribed herein without good cause.

Notwithstanding the preceding provisions of this subsection, the prime sponsor shall, in accordance with such regulations as the Secretary shall prescribe, make such adjustments as he deems appropriate in allowances which would otherwise be payable under this subchapter, including but not limited to adjustments 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 deemed reasonable under regulations prescribed by the Secretary, considering such factors as industry, geographical region, and trainee proficiency, but in no event at a rate less than that specified in section 206(a)(1) of this title or, if higher, under the applicable State or local minimum wage law. (Pub. L. 93-203, title I, § 111, Dec. 28, 1973, 87 Stat. 849.)

EFFECTIVE DATE

Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 815 of this title.

§ 822. Supplemental vocational education assistance.

(a) From the funds available to him for this section, the Secretary shall make grants to Governors to provide financial assistance, through State vocational education boards, to provide 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 813(a) of this title.

(c) Funds available under this section shall be used only for providing vocational education and services to participants in programs under this subchapter in accordance with an agreement between the State vocational education board and the prime sponsor. (Pub. L. 93-203, title I, § 112, Dec. 28, 1973, 87 Stat. 850.)

EFFECTIVE DATE

Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 813 of this title.

SUBCHAPTER II.-PUBLIC SERVICE EMPLOYMENT PROGRAMS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 802, 815, 871 of this title.

§ 841. Congressional statement of purpose.

It is the purpose of this subchapter to provide unemployed and underemployed persons with transitional employment in jobs providing needed public services in areas of substantial unemployment and, wherever feasible, related training and manpower services to enable such persons to move into employ

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ment or training not supported under this subchapter. (Pub. L. 93-203, title II, § 201, Dec. 28, 1973, 87 Stat. 850.)

EFFECTIVE DATE

Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title. § 842. Allocation of funds.

(a) Eighty per centum of funds available for any fiscal year under this subchapter shall be allocated among eligible applicants in accordance with the number of unemployed residing in areas of substantial unemployment within the jurisdiction of the applicant compared to the number of unemployed residing in all such areas.

(b) The remainder may be distributed by the Secretary in his discretion taking into account the severity of unemployment within such areas. (Pub. L. 93-203, title II, § 202, Dec. 28, 1973, 87 Stat. 850.)

EFFECTIVE DATE

Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 981 of this title. § 843. Financial assistance.

(a) The Secretary shall enter into arrangements with eligible applicants in accordance with the provisions of this subchapter in order to make financial assistance available in areas of substantial unemployment for the purpose of providing transitional employment for unemployed and underemployed persons in jobs providing needed public services, and training and manpower services related to such employment which are otherwise unavailable, and enabling such persons to move into employment or training not supported under this subchapter.

(b) Not less than 90 per centum of the funds appropriated pursuant to this subchapter which are used by an eligible applicant for public service employment programs shall be expended only for wages and employment benefits to persons employed in public service jobs pursuant to this subchapter. (Pub. L. 93-203, title II, § 203, Dec. 28, 1973, 87 Stat. 850.)

EFFECTIVE DATE

Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title. § 844. Eligible applicants.

(a) Designation of prime sponsors and Indian tribes submitting applications as eligible applicants. Financial assistance under this subchapter may be provided by the Secretary only pursuant to applications submitted by eligible applicants which are(1) prime sponsors qualified under subchapter I of this chapter;

(2) Indian tribes on Federal or State reservations and which include areas of substantial unemployment.

(b) Eligible applicants for fiscal year 1974.

For fiscal year 1974, eligible applicants include any entity eligible to be a prime sponsor under section 812(a) of this title.

(c) Areas of substantial unemployment.

For the purpose of this subchapter "areas of substantial unemployment" means any area of sufficient

size and scope to sustain a public 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) Delegation of functions of program agent.

(1) Whenever an area of substantial unemployment within the jurisdiction of an eligible 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 subchapter I of this chapter), 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 such 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 functions shall be carried on consistently with the application for financial assistance which shall be developed by the eligible applicant in cooperation 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 unemployment the provisions of section 812(b) (2) of this title shall be applicable.

(e) Notice to Congress; publication in Federal Register.

Whenever the Secretary makes any determination required by this section, he shall promptly notify the Congress and shall publish such determination in the Federal Register. (Pub. L. 93-203, title II, § 204, Dec. 28, 1973, 87 Stat. 850.)

EFFECTIVE DATE

Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 851 of this title.

§ 845. Applications for financial assistance.

(a) Design description of public service employment program set forth in application.

Financial assistance under this subchapter 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 subchapter. Any such application shall set forth a public service employment program designed to provide employment, 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 appropriate, 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 subchapter.

(b) Aims of programs. Programs assisted under this subchapter shall, to the extent feasbile, 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 enable the individuals so employed to move into public or private employment or training not supported under this chapter.

(c) Requisite provisions of applications.

An application for financial assistance for a public service employment program under this subchapter shall include provisions setting forth

(1) assurances that the activities and services for which assistance is sought under this subchapter will be administered by or under the supervision of the applicant, identifying any agency or institution 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 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 subchapter, 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 opportunities 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) provide participants with self-development skills, but nothing contained in this paragraph shall be construed to preclude persons or programs for whom the foregoing goals are not feasible or appropriate;

(5) assurances (A) that special consideration in filling transitional public service jobs will be given to 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 discharges), 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 acquired 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 chapter, and (ii) coordinate efforts in behalf of such veterans with those activities authorized by chapter 41 of Title 38 (relating to Job Counseling and Employment Services for Veterans), or carried out by other public or private organizations or agencies;

(6) assurance 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 have been unemployed and their prospects for finding employment without assistance under this title, but such special consideration shall not authorize the hiring of any person when any other person is on lay-off from the same or any substantially equivalent job;

(8) assurances that no funds received under this subchapter will be used to hire any person to fill a job opening created by the action of an employer in laying off or terminating the employment of any regular employee not supported under this subchapter in anticipation of filling the vacancy so created by hiring an employee to be supported under this subchapter;

(9) assurances that due consideration be given to persons who have participated in manpower training programs for whom employment opportunities would not be otherwise immediately available;

(10) a description of the methods to be used to recruit, select, and orient participants, including specific eligibility criteria, and programs to prepare the participants for their job responsibilities;

(11) a description of unmet public service needs and a statement of priorities among such needs;

(12) a description of jobs to be filled, a listing of the major kinds of work to be performed and skills to be acquired and the approximate duration for which participants would be assigned to such jobs;

(13) the wages or salaries to be paid persons employed in public service jobs under this subchapter and a comparison with the wages paid for similar public occupations by the same employer;

(14) where appropriate, the education, training, and supportive services (including counseling and health 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 section 847(a) of this title will be complied with;

(18) assurances that agencies and institutions to whom financial assistance is made available under this subchapter have undertaken, or will undertake, analyses of job descriptions and revaluations and, where shown necessary, revisions of qualification requirements at all levels of em

ployment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary, with a view toward removing artificial barriers to public employment of those whom it is the purpose of this subchapter to assist;

(19) assurances that the applicant will, where appropriate, maintain or provide linkages with upgrading and other manpower programs for the purpose of (A) providing those persons employed in public service jobs under this subchapter who want to pursue 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 persons so employed who do not wish to pursue permanent careers in such field, with opportunities to seek, prepare for, and obtain work in other fields;

(20) assurances that all persons employed under any such program, other than necessary technical, supervisory, and administrative personnel, will be selected from among unemployed and underemployed persons;

(21) assurances that the program will, to the maximum extent feasible, contribute to the elimination of artificial barriers to employment and occupational advancement, including civil service requirements which restrict employment opportunities for the disadvantaged;

(22) assurances that not more than one-third of the participants in the program will be employed in a bona fide professional capacity (as such term is used in section 213 (a) (1) of this title), except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the Secretary may waive this limitation in exceptional circumstances;

(23) a description of the manpower needs of local governments and of local educational agencies within the area to be served together with the comments of such governments and agencies where appropriate, and assurances that jobs will be allocated equitably to such governments and agencies taking into account the number of unemployed within their jurisdictions and the needs of the agencies;

(24) assurances that the jobs in each job category in no way infringe upon the promotional opportunities which would otherwise be available to persons currently employed in public service jobs not subsidized under this subchapter, 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 bargaining agreements have been complied with; (25) assurances that jobs funded under this subchapter are in addition to those that would be funded by the sponsor in the absence of assistance under this chapter; and

(26) such other assurances, arrangements, and conditions, consistent with the provisions of this subchapter, as the Secretary deems necessary, in accordance with such regulations as he shall prescribe.

(Pub. L. 93-203, title II, § 205, Dec. 28, 1973, 87 Stat. 851.)

EFFECTIVE DATE

Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 815, 847 of this title.

§ 846. Approval of applications.

An application, or modification or amendment thereof, for financial assistance under this subchapter may be approved only if the Secretary determines that

(1) the application meets the requirements set forth in this subchapter;

(2) an opportunity has been provided to officials of the appropriate units of general local government to submit comments with respect to the application to the applicant and to the Secretary;

(3) an opportunity 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 applicant and to the Secretary. (Pub. L. 93-203, title II, § 206, Dec. 28, 1973, 87 Stat. 854.)

EFFECTIVE DATE

Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title.

§ 847. Special responsibilities of the Secretary.

(a) Periodic reviews of status of persons employed in public service jobs.

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 subchapter to assure that in the event that any person employed in a public service job under this subchapter and the reviewing agency find that such job will not provide sufficient prospects for advancement or suitable continued employment, maximum efforts shall be made to locate employment or training opportunities providing such prospects, and such person shall be offered appropriate assistance in securing placement in the opportunity which he chooses after appropriate counseling.

(b) Periodic review of implementing procedures.

The Secretary shall review the implementation of the procedures established under subsection (a) of this section six months after funds are first obligated under this subchapter and at six-month intervals thereafter.

(c) Assistance to Indians in preparing, submitting, and implementing public service employment pro

grams.

Where the Secretary determines that an Indian tribe on a Federal or State reservation is unable to submit an application to carry out a public service employment program which meets the requirements of section 845 of this title, the Secretary shall assist such tribe in preparing, submitting, and implementing a public service employment program. The provision of section 848 of this title shall apply to pro

grams carried out under this subsection. (Pub. L. 93-203, title II, § 207, Dec. 28, 1973, 87 Stat. 854.)

EFFECTIVE DATE

Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 845 of this title. § 848. Special conditions.

(a) Determinations by Secretary as prerequisite to providing financial assistance to public service employment programs.

The Secretary shall not provide financial assistance for any program or activity under this subchapter unless he determines, in accordance with such regulations as he shall prescribe, that—

(1) the program (A) will result in an increase in employment opportunities over those opportunities which would otherwise be available, (B) will 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 employment benefits), (C) will not impair existing contracts for services or result in the substitution of Federal for other funds in connection with work that would otherwise be performed, and (D) will not substitute public service jobs for existing federally assisted jobs;

(2) persons employed in public service jobs under this chapter 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 section 206(a) (1) of this title applied to the participant and if he were not exempt under section 213 of this title, (B) the State or local minimum wage for the most nearly comparable covered employment, or (C) the prevailing rates of pay for persons employed in similar public occupations by the same employer;

(3) funds under this subchapter will not be used to pay persons employed in public service jobs under this subchapter at a rate in excess of $10,000 per year;

(4) all persons employed in public service jobs under this subchapter 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 351(a) (3) of Title 41 (relating to health and safety conditions) shall apply to such program or activity;

(6) the program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants;

(7) no funds under this subchapter 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.

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