(4) that the trainees are compensated by the employer at such rates, including periodic increases, as may be deemed reasonable under regulations hereinafter authorized, considering such factors as industry, geographical region, and trainee proficiency.

(c) Supplementary classroom instruction.

Where on-the-job training programs under sections 2581-2587 of this title require supplementary classroom instruction, appropriate arrangements for such instruction shall be agreed to by the Secretary of Health, Education, and Welfare and the Secretary of Labor. (Pub. L. 87-415, title II, § 204, Mar. 15, 1962, 76 Stat. 28.)

§ 2585. Advisory committees.

(a) National Advisory Committee; appointment; members; Chairmen; recommendations; meetings. The Secretary shall appoint a National Advisory Committee which shall consist of ten members and shall be composed of representatives of labor, management, agriculture, education, and training, and the public in general. From the members appointed to such Committee the Secretary shall designate a Chairman. Such Committee, or any duly established subcommittee thereof, shall from time to time make recommendations to the Secretary relative to the carrying out of his duties under this chapter. Such Committee shall hold not less than two meetings during each calendar year.

(b) Organization of labor-management-public advisory committees.

For the purpose of making expert assistance available to persons formulating and carrying on programs under this subchapter, the Secretary shall, where appropriate, require the organization on a community, State, and/or regional basis of labormanagement-public advisory committees.

(c) Acceptance of gifts or bequests by National Advisory Committee.

The National Advisory Committee may accept gifts or bequests, either for carrying out specific programs or for its general activities or for its responsibilities under subsection (b) of this section.

(d) Compensation of members of National Advisory Committee.

Appointed members of the National Advisory Committee shall be paid compensation at the rate of $50 per diem when engaged in the work of the National Advisory Committee, including travel time, and shall be allowed travel expenses and per diem in lieu of subsistence as authorized by law (section 73b-2 of Title 5) for persons in the Government service employed intermittently and receiving compensation on a per diem, when actually employed, basis.

(e) Exemption of National Advisory Committee from other laws; limitation.

(1) Any member of the National Advisory Committee is exempted, with respect to such appointment, from the operation of sections 281, 283, and 1914 of Title 18, and section 99 of Title 5, except as otherwise specified in paragraph (2) of this subsection.

(2) The exemption granted by paragraph (1) of this subsection shall not extend

(A) to the receipt or payment of salary in connection with the appointee's Government service from any source other than the private employer of the appointee at the time of his appointment

or

(B) During the period of such appointment, to the prosecution or participation in the prosecution, by any person so appointed, of any claim against the Government involving any matter with which such person, during such period, is or was directly connected by reason of such appointment. (Pub. L. 87-415, title II, § 205, Mar. 15, 1962, 76 Stat. 28; Pub. L. 88-214, § 4, Dec. 19, 1963, 77 Stat. 423.) AMENDMENTS

1963-Subsec. (b). Pub. L. 88-214, § 4(b), substituted provisions directing the Secretary, where appropriate, to require the organization on a community, State, and/or regional basis of labor-management-public advisory committees, for provisions which directed the National Advisory Committee to encourage and assist in the organization on a plant, community, regional, or industry basis of labor-management-public committees and similar groups, and authorized it to assist such groups as well as existing groups organized for similar purposes.

Subsec. (d). Pub. L. 88-214, § 4(c), inserted "National Advisory" preceding "Committee" wherever appearing. Subsec. (e). Pub. L. 88-214, § 4(c), inserted "National Advisory" preceding "Committee."

§ 2586. Agreements for utilization of services of appropriate State agencies.

(a) The Secretary of Labor is authorized to enter into an agreement with each State, or with the appropriate agency of each State, pursuant to which the Secretary of Labor may, for the purpose of carrying out his functions and duties under this subchapter, utilize the services of the appropriate State agency and, notwithstanding any other provision of law, may make payments to such State or appropriate agency for expenses incurred for such purposes.

(b) Any agreement under this section may contain such provisions as will promote effective administration, protect the United States against loss and insure that the functions and duties to be carried out by the appropriate State agency are performed in a manner satisfactory to the Secretary. (Pub. L. 87-415, title II, § 206, Mar. 15, 1962, 76 Stat. 29.) § 2587. Rules and regulations.

The Secretary of Labor shall prescribe such rules and regulations as he may deem necessary and appropriate to carry out the provisions of sections 2581-2587 of this title. (Pub. L. 87-415, title II, § 207, Mar. 15, 1962, 76 Stat. 29.)

§ 2588. Labor mobility demonstration projects; grants or loans.

During the period ending June 30, 1965, the Secretary of Labor shall develop and carry out in a limited number of geographical areas, pilot projects designed to assess or demonstrate the effectiveness in reducing unemployment of programs to increase the mobility of unemployed workers by providing assistance to meet their relocation expenses. In carrying out such projects the Secretary may provide such assistance, in the form of grants or loans, or both, only to involuntarily unemployed individuals who cannot reasonably be expected to secure full-time employment in the community in which

they reside, have bona fide offers of employment (other than temporary or seasonal employment), and are deemed qualified to perform the work for which they are being employed. Where such assistance is provided in the form of grants, such grants may not exceed 50 per centum of the expenses incurred reasonably necessary to the transportation of the person who is relocating, and his family, and their household effects. Where such assistance is provided in the form of loans, or a combination of loans and grants, the total amount thereof may not exceed 100 per centum of such expenses and shall be made subject to such terms and conditions as the Secretary may prescribe. Of the funds appropriated for a fiscal year to carry out this subchapter, not more than 2 per centum thereof, or $4,000,000, whichever is the lesser, may be used for the purposes of this section. (Pub. L. 87-415, title II, § 208, as added Pub. L. 88-214, § 5, Dec. 19, 1963, 77 Stat. 423.)

PART B.-DUTIES OF THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE

§ 2601. General responsibility.

The Secretary of Health, Education, and Welfare shall, pursuant to the provisions of this subchapter, enter into agreements with States under which the appropriate State vocational education agencies will undertake to provide training needed to equip persons referred to the Secretary of Health, Education, and Welfare by the Secretary of Labor pursuant to section 2582 of this title, for the occupations specified in the referrals, except that with respect to education to be provided pursuant to referrals under subsection (b) or (i) of section 2582 of this title, the Secretary of Health, Education, and Welfare may make arrangements for the provision of the education to be provided under such subsection through other appropriate education agencies. Such State agencies shall provide for such training through public education agencies or institutions or through arrangements with private educational or training institutions where such institutions can provide substantially equivalent training with reduced Federal expenditures. The State agency shall be paid 50 per centum of the cost to the State of carrying out the agreement, except that for the period ending June 30, 1965, the State agency shall be paid 100 per centum of the cost to the State of carrying out the agreement with respect to unemployed persons, and for the fiscal year ending June 30, 1966, the State agency shall be paid 663 per centum of such cost. Such agreements shall contain such other provisions as will promote effective administration (including provision (1) for reports on the attendance and performance of trainees, (2) for immediate certification to the Secretary of Labor by the responsible training agency with respect to each person referred for training who does not have a satisfactory attendance record or is not making satisfactory progress in such training absent good cause, and (3) for continuous supervision of the training programs conducted under the agreement to insure the quality and adequacy of the training provided), protect the United States against loss,

and assure that the functions and duties to be carried out by such State agency are performed in such fashion as will carry out the purposes of this subchapter. In the case of any State which does not enter into an agreement under this section, and in the case of any training which the State agency does not provide under such an agreement, the Secretary of Health, Education, and Welfare may provide the needed training by agreement or contract with public or private educational or training institutions. (Pub. L. 87-415, title II, § 231, Mar. 15, 1962, 76 Stat. 30; Pub. L. 88-214, § 6, Dec. 19, 1963, 77 Stat. 424.)

AMENDMENTS

1963-Pub. L. 88-214 provided that with respect to education pursuant to section 2582 (b), (1), of this title, the Secretary may arrange for education through appropriate education agencies other than State vocational education agencies, substituted provisions permitting training through arrangements with private educational or training institutions "where such institutions can provide substantially equivalent training with reduced Federal expenditures", for provisions which permitted such arrangements when public agencies or institutions were not adequate for the purpose, and raised the amount the the State agency shall be paid for the fiscal year ending June 30, 1965, from 50 per centum of the cost to 100 per centum, and for the fiscal year ending June 30, 1966, from 50 per centum to 66% per centum.

§ 2602. Rules and regulations.

The Secretary of Health, Education, and Welfare may prescribe such rules and regulations as he may deem necessary and appropriate to carry out the provisions of sections 2601 and 2602 of this title. (Pub. L. 87-415, title II, § 232, Mar. 15, 1962, 76 Stat. 30.)

SUBCHAPTER III.-MISCELLANEOUS

PROVISIONS

§ 2611. Apportionment of benefits.

For the purpose of effecting an equitable apportionment of Federal expenditures among the States in carrying out the programs authorized under subchapter II of this chapter, the Secretary of Labor and the Secretary of Health, Education, and Welfare shall make such apportionment in accordance with uniform standards and in arriving at such standards shall consider only the following factors: (1) the proportion which the labor force of a State bears to the total labor force of the United States, (2) the proportion which the unemployed in a State during the preceding calendar year bears to the total number of unemployed in the United States in the preceding calendar year, (3) the lack of appropriate full-time employment in the State, (4) the proportion which the insured unemployed within a State bears to the total number of insured employed within such State, and (5) the average weekly unemployment compensation benefits paid by the State. The Secretary of Labor and the Secretary of Health, Education, and Welfare are authorized to make reapportionments from time to time where the total amounts apportioned under this section have not been fully obligated in a particular State, or where the State or appropriate agencies in the State have not entered into the necessary agreements, and the Secretaries find that any other State is in need

of additional funds to carry out the programs authorized by this chapter. (Pub. L. 87-415, title III, § 301, Mar. 15, 1962, 76 Stat. 30.)

§ 2612. Maintenance of State effort.

No training program which is financed in whole or in part by the Federal Government under this chapter shall be approved unless the Secretary of Labor, if the program is authorized under sections 2581-2587 of this title, or the Secretary of Health, Education, and Welfare, if the program is authorized under sections 2601 and 2602 of this title, satisfies himself that neither the State nor the locality in which the training is carried out has reduced or is reducing its own level of expenditures for vocational education and training, including program operation under provisions of the Smith-Hughes Vocational Education Act and titles I, II, and III of the Vocational Education Act of 1946, except for reductions unrelated to the provisions or purposes of this chapter. (Pub. L. 87-415, title III, § 302, Mar. 15, 1962, 76 Stat. 31.)

REFERENCES IN TEXT

The Smith-Hughes Vocational Education Act, referred to in the text, is classified to sections 11-15 and 16-28 of Title 20, Education.

Titles I, II, and III of the Vocational Education Act of 1946, referred to in the text, are classified to sections 151-15m, 150-15q, 15aa-15jj, and 15aaa—15ggg of Title 20.

§ 2613. Utilization of available services and facilities of other Federal agencies and instrumentalities and of resources for skill development.

(a) In the performance of their functions under this chapter the Secretary of Labor and the Secretary of Health, Education, and Welfare, in order to avoid unnecessary expense and duplication of functions among Government agencies, shall use the available services or facilities of other agencies and instrumentalities of the Federal Government, under conditions specified in section 2616(a) of this title. Each department, agency, or establishment of the United States is authorized and directed to cooperate with the Secretary of Labor and the Secretary of Health, Education, and Welfare and, to the extent permitted by law, to provide such services and facilities as either may request for his assistance in the performance of his functions under this chapter.

(b) The Secretary of Labor and the Secretary of Health, Education, and Welfare shall carry out their responsibilities under this chapter through the maximum utilization of all possible resources for skill development available in industry, labor, public and private educational and training institutions, State, Federal, and local agencies, and other appropriate public and private organizations and facilities. (Pub. L. 87-415, title III, § 303, Mar. 15, 1962, 76 Stat. 31.)

§ 2614. Authorization of appropriations.

(a) There are authorized to be appropriated $2,000,000 for the fiscal year ending June 30, 1963, $3,000,000 for the fiscal year ending June 30, 1964, and each of the two succeeding fiscal years, for the purpose of carrying out subchapter I of this chapter.

(b) There are authorized to be appropriated $97,000,000 for the fiscal year ending June 30, 1963, $161,000,000 for the fiscal year ending June 30, 1964,

$407,000,000 for the fiscal year ending June 30, 1965, and $281,000,000 for the fiscal year ending June 30, 1966, for the purpose of carrying out subchapter II of this chapter.

(c) There are authorized to be appropriated $1,000,000 for the fiscal year ending June 30, 1963, $1,000,000 for the fiscal year ending June 30, 1964, and each of the two succeeding fiscal years for the purpose of carrying out subchapter III of this chapter.

(d) There are authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1962, for planning and starting programs under this chapter. (Pub. L. 87-415, title III, § 304, Mar. 15, 1962, 76 Stat. 31; Pub. L. 88-214, § 7, Dec. 19, 1963, 77 Stat. 424.)

AMENDMENTS

1963-Subsec. (a). Pub. L. 88-214, § 7(a), substituted "and each of the two succeeding fiscal years" for "and a like amount for the fiscal year ending June 30, 1965."

Subsec. (b). Pub. L. 88-214, § 7(b), increased the authorized appropriation for the fiscal year ending June 30, 1965, from $161,000,000 to $407,000,000 and authorized $281,000,000 for the fiscal year ending June 30, 1966.

Subsec. (c). Pub. L. 88-214, §7(c), authorized an appropriation of $1,000,000 for the fiscal year ending June 30, 1966.

§ 2615. Limitations on use of appropriated funds.

(a) Funds appropriated under the authorization of this chapter may be transferred, with the approval of the Director of the Bureau of the Budget, between departments and agencies of the Government, if such funds are used for the purposes for which they are specifically authorized and appropriated.

(b) Any equipment and teaching aids purchased by a State or local education agency with funds appropriated to carry out the provisions of sections 2601 and 2602 of this title shall become the property of the State.

(c) No portion of the funds to be used under sections 2601 and 2602 of this title shall be appropriated directly or indirectly to the purchase, erection, or repair of any building except for minor remodeling of a public building necessary to make it suitable for use in training under such sections.

(d) Funds appropriated under this chapter shall remain available for one fiscal year beyond that in which appropriated. (Pub. L. 87-415, title III § 305. Mar. 15, 1962, 76 Stat. 32; Pub. L. 88-214, § 8, Dec. 19, 1963, 77 Stat. 424.)

AMENDMENTS

1963-Subsec. (b). Pub. L. 88-214 eliminated "vocational" preceding "education agency."

§ 2616. Authority to contract, establish procedures, and make payments; limitation on authority. (a) The Secretary of Labor and the Secretary of Health, Education, and Welfare may make such contracts or agreements, establish such procedures, and make such payments, either in advance or by way of reimbursement, or otherwise allocate or expend funds made available under this chapter, as they deem necessary to carry out the provisions of this chapter.

(b) The Secretary of Labor and the Secretary of Health, Education, and Welfare shall not use any authority conferred by this chapter to assist in re

locating establishments from one area to another. Such limitation 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. (Pub. L. 87-415, title III, § 306, Mar. 15, 1962, 76 Stat. 32.)

§ 2617. Membership in labor organization.

The selection of persons for training under this chapter and for placement of such persons shall not be contingent upon such person's membership or nonmembership in a labor organization. (Pub. L. 87-415, title III, § 307, Mar. 15, 1962, 76 Stat. 32.)

§ 2618. Definition of "State".

For the purposes of this chapter, the term "State" includes the District of Columbia, Puerto Rico, the Virgin Islands, and Guam. (Pub. L. 87-415, title III, § 308, Mar. 15, 1962, 76 Stat. 32.)

§ 2619. Reports to Congress by Secretaries.

(a) Prior to March 1, 1963, and again prior to April 1, 1964, April 1, 1965, and April 1, 1966, the Secretary of Labor shall make a report to Congress. Such report shall contain an evaluation of the programs under subchapter I of this chapter and sections 2581-2587 of this title, including the number of persons trained and the number and types of training activities under this chapter, the number of unemployed or underemployed persons who have secured full-time employment as a result of such training, and the nature of such employment, the need for continuing such programs, and recommendations for improvement.

(b) Prior to March 1, 1963, and again prior to April 1, 1964, April 1, 1965, and April 1, 1966, the Secretary of Health, Education, and Welfare shall also make a report to Congress. Such report shall contain an evaluation of the programs under sections 2601 and 2602 of this title, the need for continuing such programs, and recommendations for improvement. The first such report shall also contain the results of the vocational training survey which is presently being conducted under the supervision of the Secretary. (Pub. L. 87-415, title III, § 309, Mar. 15, 1962, 76 Stat. 32; Pub. L. 88-214, § 9, Dec. 19, 1963, 77 Stat. 424.)

AMENDMENTS

1963-Subsec. (a). Pub. L. 88-214 substituted "April 1, 1964, April 1, 1965, and April 1, 1966" for "March 1, 1964." Subsec. (b). Pub. L. 88-214 substituted "April 1, 1964, April 1, 1965, and April 1, 1966" for "March 1, 1964."

§ 2620. Termination of authority.

(a) All authority conferred under subchapter II of this chapter shall terminate at the close of June 30, 1966.

(b) Notwithstanding the foregoing, the termination of subchapter II of this chapter shall not affect

the disbursement of funds under, or the carrying out of, any contract, commitment or other obligation entered into prior to the date of such termination: Provided, That no disbursement of funds shall be made pursuant to the authority conferred under subchapter II of this chapter after December 30, 1966. (Pub. L. 87-415, title III, § 310, Mar. 15, 1962, 76 Stat. 33; Pub. L. 88-214, § 10, Dec. 19, 1963, 77 Stat. 424.)

AMENDMENTS

1963-Subsec. (a). Pub. L. 88-214 substituted "1966" for "1965."

Subsec. (b). Pub. L. 88-214 substituted "1966" for "1965."

Chapter 31.-PUBLIC WORKS ACCELERATION PROGRAM

Sec. 2641.

2642.

2643.

Congressional declaration of purpose. Acceleration of public works.

(a) Eligible areas.

(b) Authority to initiate and accelerate projects; allocation of funds.

(c) Grants-in-aid; law governing; amount of
Federal contributions.

(d) Authorization of appropriations.
(e) Rules and regulations; considerations.
(f) Restrictions on allocated funds.

(g) Limit on allocations available for projects
in any one State.

(h) Criteria determining substantial unemployment.

Increase of State or local expenditures.

§ 2641. Congressional declaration of purpose.

(a) The Congress finds that (1) certain communities and areas in the Nation are presently burdened by substantial unemployment and underemployment and have failed to share fully in the economic gains of the recovery from the recession of 1960-1961 and (2) action by the Federal Government is necessary, both to provide immediate useful work for the unemployed and underemployed in these communities and to help these communities, through improvement of their facilities, to become more conducive to industrial development and better places in which to live and work. The Nation has a backlog of needed public projects, and an acceleration of these projects now will not only increase employment at a time when jobs are urgently required but will also meet longstanding public needs, improve community services, and enhance the health and welfare of citizens of the Nation.

(b) The Congress further finds that Federal assistance to stimulate public works investment in order to increase employment opportunities is most urgently needed in those areas, both urban and rural, which qualify as redevelopment areas because they suffer from persistent and chronic unemployment and economic underdevelopment, as well as in other areas which have suffered from substantial unemployment for a period of at least twelve months. (Pub. L. 87-658, § 2, Sept. 14, 1962, 76 Stat. 542.)

SHORT TITLE

Section 1 of Pub. L. 87-658 provided: "That this Act [enacting this chapter and amending section 462 of Title 40, Public Buildings, Property and Works, and section 1492 of this title] may be cited as the 'Public Works Acceleration Act'."

§ 2642. Acceleration of public works. (a) Eligible areas.

For the purposes of this section the term "eligible area" means

(1) those areas which the Secretary of Labor designates each month as having been areas of substantial unemployment for at least nine of the preceding twelve months; and

(2) those areas which are designated by the Secretary of Commerce under subsections (a) and (b) of section 2504 of this title as "redevelopment areas".

(b) Authority to initiate and accelerate projects; allocation of funds.

The President is authorized to initiate and accelerate in eligible areas those Federal public works projects which have been authorized by Congress, and those public works projects of States and local governments for which Federal financial assistance is authorized under provisions of law other than this chapter, by allocating funds appropriated to carry out this section—

(1) to the heads of the departments, agencies, and instrumentalities of the Federal Government responsible for the construction of Federal public works projects, and

(2) to the heads of the departments, agencies, and instrumentalities of the Federal Government responsible for the administration of laws authorizing Federal financial assistance to public works projects of States and local governments.

(c) Grants-in-aid; law governing; amount of Federal contributions.

All grants-in-aid made from allocations made by the President under this section shall be made by the head of the department, agency, or instrumentality of the Federal Government administering the law authorizing such grants, and, except as otherwise provided in this subsection, shall be made in accordance with all of the provisions of such law except (1) provisions requiring allocation of funds among the States, and (2) limitations upon the total amount of such grants for any period. Notwithstanding any provision of such law requiring the Federal contribution to the State or local government involved to be less than a fixed portion of the cost of a project, grants-in-aid may be made under authority of this section which bring the total of all Federal contributions to such project up to 50 per centum of the cost of such project, or up to 75 per centum of the cost of such project if the State or local government does not have economic and financial capacity to assume all of the additional finanial obligations required.

(d) Authorization of appropriations.

There is authorized to be appropriated not to exceed $900,000,000 to be allocated by the President in accordance with subsection (b) of this section, except that not less than $300,000,000 shall be allocated for public works projects in areas designated by the Secretary of Commerce as redevelopment areas under subsection (b) of section 2504 of this title.

(e) Rules and regulations; considerations.

The President shall prescribe rules, regulations, and procedures to carry out this section which will assure that adequate consideration is given to the relative needs of eligible areas. In prescribing such rules, regulations, and procedures the President shall consider among other relevant factors (1) the severity of the rates of unemployment in the eligible areas and the duration of such unemployment and (2) the income levels of families and the extent of underemployment in eligible areas.

(f) Restrictions on allocated funds.

Funds allocated by the President under this section shall be available only for projects

(1) which can be initiated or accelerated within a reasonably short period of time;

(2) which will meet an essential public need; (3) a substantial portion of which can be completed within twelve months after initiation or acceleration;

(4) which will contribute significantly to the reduction of local unemployment;

(5) which are not inconsistent with locally approved comprehensive plans for the jurisdiction affected, wherever such plans exist.

(g) Limit on allocations available for projects in any one State.

Not more than 10 per centum of all amounts allocated by the President under this section shall be made available for public works projects within any one State.

(h) Criteria determining substantial unemployment. The criteria to be used by the Secretary of Labor in determining areas of substantial unemployment for the purposes of paragraph (1) of subsection (a) of this section shall be the criteria established in section 6.3 of title 29 of the Code of Federal Regulations as in effect May 1, 1962. (Pub. L. 87–658, § 3, Sept. 14, 1962, 76 Stat. 542.)

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was, in the original, "this Act", meaning Pub. L. 87-658, which enacted this chapter and amended section 1492 of this title and section 462 of Title 40, Public Buildings, Property and Works.

Ex. ORD. No. 11049. IMPLEMENTATION OF CHAPTER Ex. Ord. No. 11049, Sept. 14, 1962, 27 F.R. 9203, provided: By virtue of the authority vested in me by the Public Works Acceleration Act, approved September 14, 1962 (Public Law 87-658) [this chapter], hereinafter referred to as the Act, and by Section 301 of title 3 of the United States Code, it is hereby ordered as follows:

SECTION 1. The Secretary of Commerce shall assist the President in the carrying out of the Public Works Acceleration Act and to that end he shall (a) receive and coordinate proposals from Federal agencies for allocations from funds appropriated pursuant to Section 3 of the Act [this section], and (b) make recommendations to the President for the allocation of such funds. The Secretary shall maintain such records of progress and accomplishments and shall recommend such actions by the President as are necessary to assure that Federal responsibilities under the Act are carried out expeditiously.

SEC. 2. There is hereby delegated to the Secretary of Commerce the authority vested in the President by Section 3 (e) of the Act [subsec. (e) of this section] to prescribe rules, regulations, and procedures to carry out Section 3 of the Act [this section]. In prescribing such rules, regulations, and procedures, the Secretary shall in