(b) Each prime sponsor shall prepare for the Secretary, and make available, to the public, a report on its activities under the Act, including a detailed comparison of program performance with approved plan.

LABOR STANDARDS

SEC. 406. 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 Act, 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 (40 U.S.C. 276a-276a-5). The Secretary shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of June 1, 1934, as amended (48 Stat. 948, as amended; 40 U.S.C. 276 (c)).

ACCEPTANCE OF GIFTS

SEC. 407. The Secretary is authorized, in carrying out his functions and responsibilities under this Act, to accept in the name of the Department, and employ or dispose of in furtherance of the purposes of this Act, or any title 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 3679 (b) of the Revised Statutes of the United States.

UTILIZATION OF SERVICES AND FACILITIES

SEC. 408. In addition to such other authority as he may have, the Secretary is authorized, in carrying out his functions under this Act, to utilize, with their assent, the services and facilities of Federal agencies without reimbursement, and with the consent of any State or political subdivision of a State, accept and utilize the services and facilities of the agencies of such State or subdivision with or without reimbursement.

INTERSTATE AGREEMENTS

SEC. 409. In the event that compliance with provisions of this Act requires cooperation or 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.

REPEAL OF OTHER LAW

SEC. 410. Effective with respect to fiscal years after June 30, 1973, the Manpower Development and Training Act of 1962 and title I-B and I-E of the Economic Opportunity Act are repealed. Unexpended appropriations for carrying out such Acts may be made available to carry out this Act, as directed by the President.

HATCH ACT

SEC. 411. State or local officers or employees engaged in programs assisted under this Act shall be considered for purposes of section 1501 (4) of title 5, United States Code, to be individuals whose principal employment is in connection with an activity financed by grants made by the United States.

CRIMINAL PROVISION

SEC. 412. (a) Chapter 31 of title 18, United States Code, is amended by adding a new section 665 to read as follows:

"THEFT OR EMBEZZLEMENT FROM MANPOWER FUNDS; IMPROPER INDUCEMENT "SEC. 665. (a) Whoever, being an officer, director, agent, or employee of, or connected in any capacity with, any agency receiving financial assistance under the Comprehensive Manpower Act embezzles, willfully misapplies, steals, or obtains by fraud any of the moneys, funds, assets, or property which are the subject of a grant or contract of assistance pursuant to this Act shall be fined not more than $10,000 or imprisoned for not more than two years, or both;

but if the amount so embezzled, misapplied, stolen, or obtained by fraud does not exceed $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both.

"(b) Whoever, by threat of procuring dismissal of any person from employ.ment or of refusal to employ or refusal to renew a contract of employment in connection with a grant or contract of assistance under the Comprehensive Manpower Act, induces any person to give up any money or thing of any value to any person (including such grantee agency) shall be fined not more than $1,000, or imprisoed not more than one year, or both."

(b) The analysis of chapter 31 is amended by adding at the end thereof the following new item:

"665. Theft or embezzlement from manpower funds; improper inducement."

NONDISCRIMINATION

SEC. 413. (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 Act.

(b) Whenever the Secretary determines that a prime sponsor or eligible applicant has failed to comply with subsection (a) 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 Act, 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 (42 U.S.C. 2000d); 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), 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.

RECORD, AUDIT, AND REPORTS

SEC. 414. In order to assure that funds provided under this Act 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.

TITLE V-AUTHORIZATIONS AND ALLOCATIONS

APPROPRIATIONS AUTHORIZED

SEC. 501. (a) There are authorized to be appropriated such sums as may be necessary for the fiscal year ending June 30, 1974, and for each of the three succeeding years for the purposes of carrying out this Act.

(b) Notwithstanding any other provision of law, unless enacted in specific limitation of the provisions of this subsection, any funds appropriated to carry out this Act 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, and any funds obligated in any fiscal year may be expended during a period of two years from the date of obligation.

FUNDS AVAILABLE FOR SPECIFIC PROGRAMS

SEC. 502. (a) Of the amount appropriated to carry out this Act, the Secretary shall reserve and make available $250,000,000 in fiscal year 1974 and $500,000,000

in fiscal year 1975 for the purpose of carrying out public employment programs under title II.

(b) of the amount appropriated to carry out this Act for any fiscal year, not more than 20 per centum shall be available to carry out title III.

ALLOCATION OF FUNDS UNDER TITLE I

SEC. 503. (a) Eighty per centum of the amount available for title I in any fiscal year shall be allocated among the States so that equal proportions are distributed on the basis of: (1) the relative number of unemployed within the State as compared to all the States; (2) the relative number of persons in the labor force within the State as compared to such persons in all the States; (3) the manpower allotment of the State in the prior fiscal year compared to the manpower allotment for all the States in that year: Provided, however, That at least 1 per centum of the funds shall be allotted among Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Virgin Islands according to their respective needs. The sum available to each State shall be allocated among areas within the State on an equitable basis based upon the same factors.

(b) Not more than 5 per centum shall be available to the Secretary to encourage voluntary combinations formed under section 102 (a) (3).

(c) Five per centum of the funds available under title I shall be available only for grants under section 110; Provided, That such grants shall not increase the funds available in any prime sponsor's area by more than 20 per centum of the amount allotted to such prime sponsors under subsection (a).

(d) The remainder of the funds shall be available in the Secretary's discretion. In exercising that discretion the Secretary shall take into account the need for continued funding of programs of demonstrated effectiveness.

ALLOCATIONS OF FUNDS UNDER TITLE II

SEC. 504. (a) Eighty per centum of funds available for any fiscal year under title II 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.

TITLE VI-NATIONAL INSTITUTE FOR MANPOWER POLICY

FINDING AND DECLARATION OF PURPOSE

SEC. C01. The Congress hereby finds and declares that the responsibility for the development, administration, and coordination of programs of education, training, and manpower development generally is so diffused and fragmented at all levels of government that it has been impossible to develop rational priorities in these fields, with the result that even good programs have proved to be far less effective than could reasonably be expected and billions of dollars in both tax funds and private funds have been applied far less effectively than the national interest requires. The Congress further finds that education and manpower development programs are nowhere more fragmented than in the Federal Government, with the result that we have not developed a coherent national manpower policy as the basis for Federal action in the fields, and that the continued lack of a coherent, flexible, national manpower policy dangerously reduces our prospects for solving economic and social problems which threaten fundamental national interests and objectives. Accordingly, the purpose of this title is to establish an Institute for Manpower Policy which will have the responsibility for examining these issues, for suggesting ways and means of dealing with them, and for developing a national manpower policy.

ESTABLISHMENT OF NATIONAL INSTITUTE FOR MANPOWER POLICY

SEC. 602. (a) There is hereby established in the Executive Office of the President a National Institute for Manpower Policy (hereinafter referred to as "the Institute"). The Institute shall be headed by a Board of Manpower Policy Advisers (hereinafter referred to as the "Board") composed of twenty-one members selected as follows

(1) six members, as follows, serving ex officio: the Secretary of Labor, the Secretary of Health. Education, and Welfare, the Secretary of Defense, the Secretary of Commerce, the Administrator of the Veterans' Administration, and the Director of the Office of Economic Opportunity;

(2) two Members of the House of Representatives designated by the Speaker of the House:

(3) two Members of the Senate designated by the President of the Senate: and (4) eleven members broadly representative of labor, industry and commerce, education, manpower training, counseling, and placement programs, and of the general public appointed by the President with the advice and consent of the

Senate.

(b) The Board shall not meet fewer than three times a year and during its first meeting it shall elect a Chairman who shall be one of the eleven public members appointed by the President.

(c) (1) The two Members of the House of Representatives and the two Members of the Senate shall serve on the Board for a length of time determined by, and at the pleasure of, the Speaker of the House and the President of the Senate, respectively.

(2) The terms of the eleven public members shall be for four years, excent that. of the original members, three shall be appointed for one-year terms, three for two-year terms, three for three-year terms, and the remaining two for a term of four years.

(d) Vacancies on the Board will be filled in the same manner as the original appointment, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term.

APPOINTMENT OF DIRECTOR

SEC. 603. (a) The Chairman (with the concurrence of the Board) shall appoint a Director. who shall be the chief executive officer of the Institute and shall perform such duties as are prescribed by the Chairman.

(b) Section 5315 of title 5. United States Code, relating to positions in level IV of the Executive Schedule, is amended by adding the following paragraph at the end thereof.

“(95) Director, National Institute for Manpower Policy, Executive Office of the President."

FUNCTIONS OF THE INSTITUTE

Sec. 604 The Board, through the Institute, shall——

(1) conduct such studies, hearings, research, or other activities as it deems necessary to enable it to formulate recommendations for a coherent national mannower policy:

(2) examine and evaluate the effectiveness of any federally assisted education, training, or manpower development programs (including those assisted under this Act), with particular reference to the contribution of such programs to the achievement of objectives sought by the national manpower policy recommended under clause (1) of this subsection:

(3) examine and evaluate major Federal programs which are intended to (or potentially could) contribute to achieving major objectives of existing manpower and related legislation or those set forth in the recommendations of the Board for a national manpower policy, and particularly the program of the Department of Labor and of Health, Education, and Welfare which are designed (or could be designed) to develop information and knowledge about manpower problems through research and demonstration projects or to train personnel in fields (such as occupational counseling, guidance, and placement) which are vital to the success of education and manpower programs; and

(4) make such other evaluations, investigations, or inquiries as it considers appropriate for carrying out the purposes of this title and for helping to make effective the programs authorized by this Act.

ANNUAL REPORT

SEC. 605. The Board shall annually issue a report to the President and the Congress of its proceedings, findings, and recommendations which shall be made upon such date in the initial and each succeeding year as the Board shall deter

mine (but not later than March 1 in any year following the initial year), and may if the Board so determines, be included as a separate part of the Manpower Report of the President.

APPOINTMENT OF PERSONNEL; COMPENSATION

SEC. 606. (a) The Director, with the approval of the Chairman of the Board, may appoint and compensate without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and chapter 51 and subchapter III of chapter 53 of such title, relating to classification and general schedule rates, such technical and professional personnel as he deems necessary to carry out the functions of the Institute.

(b) Members of the Board who are not regular full-time employees of the United States shall, while serving on the business of the Board, be entitled to receive compensation at the per diem equivalent for GS-18 for each day so engaged, including traveltime and, while so serving away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently.

GENERAL PROVISIONS

SEC. 607. (a) In carrying out the functions of the Institute, the Director is authorized to carry out programs directly, or through grants to or contracts with any public or private agency, organization, or institution, and payments under this title may be made in installments, and in advance or by way of reimbursement, with necessary adjustments on accounts of overpayments or underpayments.

(b) The Director is authorized to accept gifts to the Institute and to apply them to carry out his functions under this title, and is similarly authorized to accept voluntary and uncompensated services, notwithstanding the provisions of section 3679 (b) of the Revised Statutes (31 U.S.C. 665 (b)).

AUTHORIZATION OF APPROPRIATIONS; EFFECTIVE DATE

SEC. 608. (a) There is hereby authorized to be appropriated for the year ending June 30, 1974, and for each succeeding fiscal year, such sums as may be necessary to carry out the purposes of this title.

(b) The provisions of this title shall become effective upon the enactment thereof.

COORDINATION STUDY

SEC. 609. The Institute shall conduct a study of the utilization and interrelation of programs of manpower training with closely associated programs such as those conducted under the Wagner-Peyser Act, the Vocational Education Act of 1963, the work incentives program under part C of title IV of the Social Security Act, and others of similar nature, with a view to determining how they could be better coordinated and more effectively combined to serve individuals, particularly at the State and local levels, and shall make a report of their findings and recommendations to the Congress not later than January 31, 1975.

[H.R. 11011, 93d Cong., 1st sess.]

A BILL To assure opportunities for employment and training to unemployed and

underemployed persons

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Comprehensive Manpower Act of 1973".

STATEMENT OF PURPOSES

SEC. 2. It is the purpose of this Act to promote maximum employment opportunities by establishing a flexible and decentralized system of State and local programs providing job training and employment opportunities for economically disadvantaged, unemployed, and underemployed persons.