(b) For the purpose of making grants under this section there are authorized to be appropriated such sums as may be necessary for the fiscal year ending June 30, 1973, and each succeeding fiscal year ending prior to July 1, 1975. (c) In carrying out the program authorized by this section, the Commissioner shall consult with the Commissioner of the Administration on Aging for the purpose of coordinating, where practicable, the programs assisted under this section with the programs assisted under the Older Americans Act of 1965. APPROPRIATIONS AUTHORIZED SEC. [312.] 313. (a) There are authorized to be appropriated $160,000,000 for the fiscal year ending June 30, 1970, $200.000.000 for the fiscal year ending June 30, 1971, and $225,000,000 for each of the fiscal years ending June 30, 1972, and June 30, 1973, for the purposes of this title (other than section 310).1 * OLDER AMERICAN COMMUNITY SERVICE NOTE: The 1973 Amendments contained a Title IX which enacted a new Act, separate and apart from the Older Americans Act, as follows: SHORT TITLE SEC. 901. This title may be cited as the "Older American Community Service Employment Act". OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM SEC. 902. (a) In order to foster and promote useful part-time work opportunities in community service activities for unemployed lowincome persons who are fifty-five years old or older and who have poor employment prospects, the Secretary of Labor (hereinafter referred to as the "Secretary") is authorized to establish an older American community service employment program (hereinafter referred to as the "program"). 'P.L. 93-380 (Aug. 21, 1974) amended this section to extend its authorizations through Fiscal Year 1978, and to make other changes ith no special relevance to older Americans. (b) In order to carry out the provisions of this title, the Secretary is authorized (1) to enter into agreements with public or private nonprofit agencies or organizations, agencies of a State government or a political subdivision of a State (having elected or duly appointed governing officials), or a combination of such political subdivisions, or Indian tribes on Federal or State reservations in order to further the purposes and goals of the program. Such agreements may include provisions for the payment of costs, as provided in subsection (c), of projects developed by such organizations and agencies in cooperation with the Secretary in order to make the program effective or to supplement it. No payments shall be made by the Secretary toward the cost of any project established or administered by any such organization or agency unless he determines that such project (A) will provide employment only for eligible individuals, except for necessary technical, administrative, and supervisory personnel, but such personnel shall, to the fullest extent possible, be recruited from among eligible individuals; (B) will provide employment for eligible individuals in the community in which such individuals reside, or in nearby communities; (C) will employ eligible individuals in services related to publicly owned and operated facilities and projects. or projects sponsored by organizations exempt from taxation under the provisions of section 501(c)(3) of the Internal Revenue Code of 1954 (other than political parties), except projects involving the construction, operation, or maintenance of any facility used or to be used as a place for sectarian religious instruction or worship; (D) will contribute to the general welfare of the community; (E) will provide employment for eligible individuals whose opportunities for other suitable public or private paid employment are poor; (F) will result in an increase in employment opportunities for eligible individuals, and will not result in the displacement of employed workers or impair existing contracts; (G) will utilize methods of recruitment and selection (including, but not limited to, listing of job vacancies with the employment agency operated by any State or political subdivision thereof) which will assure that the maximum number of eligible individuals will have an opportunity to participate in the project; (H) will include such training as may be necessary to make the most effective use of the skills and talents of those individuals who are par ticipating, and will provide for the payment of the reasonable expenses of individuals being trained, including a reasonable subsistence allowance; (I) will assure that safe and healthy conditions of work will be provided, and will assure that persons employed in public service jobs assisted under this title shall be paid wages which shall not be lower than whichever is the highest of (i) the minimum wage which would be applicable to the employee under the Fair Labor Standards Act of 1938, if section 6(a)(1) of such Act applied to the participant and if he were not exempt under section 13 thereof, (ii) the State or local minimum wage for the most nearly comparable covered employment, or (iii) the prevailing rates of pay for persons employed in similar public occupations by the same employer; (J) will be established or administered with the advice of persons competent in the field of service in which employment is being provided, and of persons who are knowledgeable with regard to the needs of older persons; (K) will authorize pay for necessary transportation costs of eligible individuals which may be incurred in employment in any project funded under this title in accordance with regulations promulgated by the Secretary; and (L) will assure that to the extent feasible such projects will serve the needs of minority, Indian, and limited English-speaking eligible individuals in proportion to their numbers in the State; (2) to make, issue, and amend such regulations as may be necessary to effectively carry out the provisions of this title. (c)(1) The Secretary is authorized to pay not to exceed 90 per centum of the cost of any project which is the subject of an agreement entered into under subsection (b), except that the Secretary is authorized to pay all of the costs of any such project which is (A) an emergency or disaster project or (B) a project located in an economically depressed area as determined in consultation with the Secretary of Commerce and the Director of the Office of Economic Opportunity. (2) The non-Federal share shall be in cash or in kind. In determining the amount of the non-Federal share, the Secretary is authorized to attribute fair market value to services and facilities contributed from non-Federal sources. ADMINISTRATION SEC. 903. (a) In order to effectively carry out the purposes of this title. the Secretary is authorized to consult with agencies of States and their political subdivisions with regard to (1) the localities in which community service projects of the type authorized by this title are most needed; (2) consideration of the employment situation and the types of skills possessed by available local individuals who are eligible to participate; and (3) potential projects and the number and percentage of eligible individuals in the local population. (b)(1) The Secretary is authorized and directed to require agencies and organizations administering community service projects and other activities assisted under this title to coordinate their projects and activities with agencies and organizations conducting related manpower and unemployment programs receiving assistance under this Act and under other authorities such as the Economic Opportunity Act of 1964, the Manpower Development and Training Act of 1962, and the Emergency Employment Act of 1971. In carrying out the provisions of this paragraph, the Secretary is authorized to make necessary arrangements to include projects and activities assisted under this title within a common agreement and a common application with projects assisted under this Act and other provisions of law such as the Economic Opportunity Act of 1964, the Manpower Development and Training Act of 1962, the Emergency Employment Act of 1971. (2) The Secretary is authorized to make whatever arrangements that are necessary to carry out the programs assisted under this title as part of any general manpower legislation hereafter enacted, except that appropriations for programs assisted under this title may not be expended for programs assisted under that title. (c) In carrying out the provisions of this title, the Secretary is authorized to use, with their consent, the services, equipment, personnel, and facilities of Federal and other agencies with or without reimbursement, and on a similar basis to cooperate with other public and private agencies, and instrumentalities in the use of services, equipment, and facilities. (d) The Secretary shall establish criteria designed to assure equitable participation in the administration of community service projects by agencies and organizations eligible for payment under section 902(b). (e) Payments under this title may be made in advance or by way of reimbursement and in such installments as the Secretary may determine. (f) The Secretary shall not delegate his functions and duties under this title to any other department or agency of Government. PARTICIPANTS NOT FEDERAL EMPLOYEES SEC. 904. (a) Eligible individuals who are employed in any project funded under th's title shali not be considered to be Federal employees as a result of such employment and shall not be subject to the provisions of part III of title 5, United States Code. (b) No contract shall be entered into under this title with a contractor who is, or whose employees are, under State law, exempted from operation of the State workmen's compensation law, generally applicable to employees, unless the contractor shall undertake to provide either through insurance by a recognized carrier, or by self insurance, as allowed by State law, that the persons employed under the contract, shall enjoy workmen's compensation coverage equal to that provided by law for covered employment. The Secretary must establish standards for severance benefits, in lieu of unemployment insurance. coverage, for eligible individuals who have participated in qualifying programs and who have become unemployed. INTERAGENCY COOPERATION SEC. 905. The Secretary shall consult and cooperate with the Office of Economic Opportunity, the Administration on Aging, the Department of Health, Education, and Welfare, and any other related Federal agency administering related programs, with a view to achieving optimal coordination with such other programs and shall promote the coordination of projects under this title with other public and private programs or projects of a similar nature. Such Federal agencies shall cooperate with the Secretary in disseminating information about the availability of assistance under this title and in promoting the identification and interests of individuals eligible for employment in projects funded under this title. EQUITABLE DISTRIBUTION OF ASSISTANCE SEC. 906. (a)(1) From the sums appropriated for any fiscal year under section 908 there shall be initially allotted for projects within each State an amount which bears the same ratio to such sum as the population, aged fifty-five or over in such State bears to the population aged fifty-five or over in all States, except that (A) no State shall be allotted less than one-half of 1 per centum of the sum appropriated for the fiscal year for which the determination is made; and (B) Guam, Ainerican Samoa, the Virgin Islands, and the Trust Territory of the |