or orders may include adjustments authorized by section 4214 of Title 42. For purposes of chapter 5 of Title 5 any condition or guideline for receipt of financial assistance shall be deemed a rule to which section 553 of Title 5 applies. All such rules, regulations, guidelines, and other published interpretations or orders under this chapter shall be published in the Federal Register at least thirty days prior to their effective date. Copies of all such rules, regulations, guidelines, and other published interpretations or orders shall be transmitted to the appropriate committees of the Congress at the same time and shall contain with respect to each material provision of such rules, regulations, guidelines, and other published interpretations or orders, citations to the particular substantive section 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 regulations 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 chapter, as he may deem necessary to carry out the provisions of this chapter, including (without regard to the provisions of section 4774(d) of Title 10) expenditures for construction, repairs, and capital improvements, and including necessary adjustments in payments on account of overpayments or underpayments. The Secretary may also withhold funds otherwise payable under this chapter, but only in order to recover any amounts expended in the current or immediately prior fiscal year in violation of any provision of this chapter or any term or condition of assistance under this chapter. (Pub. L. 93-203, title VI, § 602, Dec. 28, 1973, 87 Stat. 877.)

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.

§ 983. Conditions applicable to all programs.

The Secretary shall not provide financial assistance for any program under this chapter unless

(1) the grant, contract, or agreement with respect thereto specifically provides that no person with responsibilities in the operation 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 as 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 reasonable 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 project are established and will be maintained;

(6) appropriate workmen's compensation protection will be provided to all participants;

(7) the program will not result in the displacement of employed workers or impair existing contracts for services or result in the substitution of Federal for other funds in connection with work that would otherwise be performed;

(8) persons shall not be referred for training in an occupation which requires less than two weeks of preemployment training unless there are immediate employment opportunities available in that occupation;

(9) training and related services under any such program are designed, to the maximum extent practicable, consistent with every individual's fullest capabilities, to lead to employment opportunities enabling participants to become economically self-sufficient;

(10) no person shall be referred for training authorized under paragraph (3) or (4) of section 811 of this title unless the Secretary or the prime sponsor, as appropriate, shall have determined that there 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, the level of funds that would otherwise be made available from non-Federal sources for the purpose of planning and administration of programs within the scope of this chapter and not to supplant such other funds;

(12) the applicant will make such reports, in such form 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 chapter;

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

(14) the program has adequate internal administrative controls, accounting requirements, personnel standards, evaluation procedures, availability of inservice training and technical assistance programs, and other policies as may be necessary to promote the effective use of funds; and

(15) the program makes appropriate provision for the manpower needs of youths in the area to be served.

(Pub. L. 93-203, title VI, § 603, Dec. 28, 1973, 87 Stat. 878.)

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 818, 929 of this title.

§ 984. Special limitations.

(a) No authority conferred by this chapter shall be used to enter into arrangements for, or otherwise establish, any training programs in the lower wage industries in jobs where prior skill or training is

typically not a prerequisite to hiring and where labor turnover is high, or to assist in relocating establishments from one area to another. Such limitations on relocation shall not prohibit assistance to a business entity in the establishment of a new branch, affiliate, or subsidiary 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 operations, unless he has reason to believe that such branch, affiliate, or subsidiary is being established with the intention of closing down the operations 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 voluntary on the part of the individual to whom such services 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 chapter if that individual or such institution or organization is associated with that program as a consultant, technical adviser, or in any similar capacity. (Pub. L. 93-203, title VI, § 604, Dec. 28, 1973, 87 Stat. 879.)

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 818 of this title.

§ 985. Reports.

(a) The Secretary shall make such reports and recommendations to the President as he deems appropriate pertaining to employment and occupational requirements, resources, use, and training, and his recommendations for the succeeding fiscal year, and the President shall transmit to the Congress within sixty days after the beginning of each regular session a report pertaining to manpower requirements, resources, utilization, and training.

(b) The Secretary and the Secretary of Health, Education, and Welfare shall report to the Congress on the extent to which community colleges, area vocational and technical schools and other vocational educational agencies and institutions, and vocational rehabilitation agencies are being utilized to carry out training programs supported in whole or in part from provisions of this chapter and related Acts, the extent to which administrative steps have been taken and are being taken to encourage the use of such facilities and institutions and agencies in the carrying out of the provisions of this chapter and any further legislation that may be required to assure effective cooordination and utilization of such facilities and agencies to the end that all federally supported employment and training, vocational education, and vocational rehabilitation programs can more effectively accomplish their objectives of providing employment and training opportunities to all persons needing occupational training.

(c) The Secretary shall transmit to the Congress at the earliest 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 opportunities in public and private agencies or organizations that will be provided under section 874 (a) (3) of this title or in the case of the summer of 1974 under transitional provisions spelled out in section 3(c) of Public Law 93-203, and a statement as to the total number of such persons who would be eligible for such programs, together with his recommendations, if any, for supplemental appropriations for such programs.

(d) The Secretary, through the Bureau of Labor Statistics, shall annually compile and maintain information on the incidence of unemployment among offenders and shall publish the results of the information obtained pursuant to this subsection in the report required under subsection (a) of this section.

(e) The Chairman of the United States Civil Service Commission, in consultation with the Secretary, shall report to the President and to the Congress no later than six months after December 28, 1973, on the extent to which and manner in which employment opportunities for offenders may be increased in the Federal service, with special reference to the criteria used in determining the suitability of offenders for Federal employment, including such recommendations for additional legislation as they deem advisable.

(f) Each prime sponsor shall prepare for the Secretary, and make available, to the public, a report on its activities under the chapter, including a detailed comparison of program performance with approved plan. (Pub. L. 93-203, title VI, § 605, Dec. 28, 1973, 87 Stat. 879.)

REFERENCES IN TEXT

Phrase "in the case of the summer of 1974 under transitional provisions spelled out in section 3(c) of Public Law 93-203" was, in the original, "in the case of the summer of 1974 under section 3(c)". Section 3 of Pub. L. 93-203 is set out as a note under section 801 of this title.

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.

§ 986. Labor standards.

All laborers and mechanics employed by contractors or subcontractors in any construction, alteration, or repair, including painting and decorating of projects, buildings, and works which are federally assisted under this chapter, shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary in accordance with the Davis-Bacon Act, as amended. The Secretary shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 and section 276c of Title 40. (Pub. L. 93-203, title VI, § 606, Dec. 28, 1973, 87 Stat. 880.)

REFERENCES IN TEXT

The Davis-Bacon Act, referred to in text, is classified to section 276a to 276a-5 of Title 40, Public Buildings, Property, and Works.

Reorganization Plan Numbered 14 of 1950, referred to in text, is set out in the Appendix to Title 5, Government Organization and Employees.

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.

§ 987. Acceptance of gifts.

The Secretary is authorized, in carrying out his functions and responsibilities under this chapter, to accept in the name of the Department, and employ or dispose of in furtherance of the purposes of this chapter, or any subchapter thereof, an unconditional gift of any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise; and to accept voluntary and uncompensated services, notwithstanding the provisions of section 665b of Title 31. (Pub. L. 93-203, title VI, § 607, Dec. 28, 1973, 87 Stat. 880.)

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.

§ 988. Utilization of services and facilities.

(a) In addition to such other authority as he may have, the Secretary is authorized, in the performance of his functions under this chapter, and to the extent permitted by law, to utilize the services and facilities of departments, agencies, 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 subdivision of a State, with their consent.

(b) The Secretary shall carry out his responsibilities under this chapter through the utilization, to the extent appropriate, of all resources for skill development available in industry, labor, public and private educational and training institutions, vocational rehabilitation agencies, and other State, Federal, and local agencies, and other appropriate public and private organizations and facilities, with their consent. (Pub. L. 93-203, title VI, §608, Dec. 28, 1973, 87 Stat. 881.)

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.

§ 989. Interstate agreements.

In the event that compliance with provisions of this chapter would be enhanced by cooperative agreements between States, the consent of Congress is hereby given to such States to enter into such compacts and agreements to facilitate such compliance, subject to the approval of the Secretary. (Pub. L. 93-203, title VI, § 609, Dec. 28, 1973, 87 Stat. 881.)

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.

§ 990. Political activities prohibited.

The Secretary shall not provide financial assistance for any program under this chapter 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 the conduct of political activities in contravention of chapter 15 of Title 5. (Pub. L. 93-203, title VI, § 610, Dec. 28, 1973, 87 Stat. 881.)

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.

§ 991. Nondiscrimination.

(a) No person in the United 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 program or activity funded in whole or in part with funds made available under this chapter.

(b) Whenever the Secretary determines that a prime sponsor or eligible applicant has failed to comply with subsection (a) of this section or an applicable regulation, he shall notify the prime sponsor or eligible applicant of the noncompliance and shall request the prime sponsor or eligible applicant 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 exercising the powers and functions provided for the termination of financial assistance under this chapter, 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 provided by title VI of the Civil Rights Act of 1964; 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) of this section, or whenever he has reason to believe that a prime sponsor or eligible applicant is engaged in a pattern or practice in violation of the provisions of this section, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including injunctive relief.

(d) The Secretary shall enforce the provisions of subsection (a) of this section dealing with discrimination on the basis of sex in accordance with section 2000d-1 of Title 42. Section 2000d-2 of Title 42 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 program or activity receiving assistance under this chapter. (Pub. L. 93-203, title VI, § 612, Dec. 28, 1973, 87 Stat. 882.)

REFERENCES IN TEXT

Title VI of the Civil Rights Act of 1964, referred to in subsec. (b) is classified to section 2000d et seq. of Title 42, The Public Health and Welfare.

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 818 of this title.

§ 992. Records, audits, and reports.

In order to assure that funds provided under this chapter 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 such reports to the Secretary or the Comptroller General of the United States as he requires.

(Pub. L. 93-203, title VI, § 613, Dec. 28, 1973, 87 Stat. 882.)

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.