(b) In the performance of his functions under this Act the Secretary, in order to afford 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. Each department, agency, or establishment of the United States shall cooperate with the Secretary and, to the extent permitted by law, provide such services and facilities as he may request for his assistance in the performance of his functions under this Act.

ANNUAL REPORT

SEC. 18. Not later than one hundred and twenty days after the close of each fiscal year, the Secretary and the Secretary of Health, Education, and Welfare shall prepare and submit to the President for transmittal to the Congress a full and complete report on activities carried on under this Act during such year.

TRANSFER OF JOB CORPS

SEC. 19. (a) All functions of the Director under part A of title I of the Economic Opportunity Act of 1964 are, effective July 1, 1969, transferred to the Secretary of Labor.

(b) So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, held, used, available, or to be made available, in connection with the functions transferred by subsection (a) of this section as the Director of the Bureau of the Budget shall determine shall be transferred to the Department of Labor on July 1, 1969.

(c) Such further measures and dispositions as the Director of the Bureau of the Budget shall deem necessary in order to effectuate the transfer provided for in subsection (a) of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate.

REPEALS

SEC. 20. Titles II, III, and V of the Manpower Development and Training Act of 1962, and part B of title I and title V of the Economic Opportunity Act of 1964 are repealed, effective July 1, 1970.

EFFECTIVE DATE

SEC. 21. For purposes of planning and preparing for carrying out programs under this Act, including the preparation and approval of comprehensive manpower plans, this Act shall be effective immediately, but for purposes of making grants under sections 4 and 13, this Act shall become effective July 1, 1970, except that the repeals provided for under section 20 shall not affect the disbursement of funds under, or the carrying out of, any contract, commitment, or other obligation entered into prior to July 1, 1970.

EXTENSION OF ECONOMIC OPPORTUNITY ACT PROVISIONS

SEC. 22. Section 161 of the Economic Opportunity Act is amended by inserting before the period at the end of the first sentence the following: ", except that he shall carry out part B until June 30, 1971". Section 504 of such Act is amended by striking out "three" and inserting "four".

ADDITIONAL MATERIAL TO BE INCLUDED IN MANPOWER REPORT

SEC. 23. Section 107 of the Manpower Development and Training Act of 1962 is amended by adding at the end thereof the following new sentence: "The President's report shall also include appropriate information with respect to educational programs which relate to the purposes of the Comprehensive Manpower Act.".

[H.R. 11620, 91st Cong., first sess.]

A BILL To assure an opportunity for employment to every American seeking work and to make available the education and training needed by any persons to qualify for employment consistent with his highest potential and capability and for other purposes 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 Manpower Act."

STATEMENT OF PURPOSES

SEC. 2. The Congress finds and declares that

(a) To attain the objective of the Employment Act of 1946 "to promote maximum employment, production and purchasing power" we must assure an opportunity for a gainful, productive job to every American who is seeking work and make available the education and training needed by any person to qualify for employment consistent with his highest potential and capability.

(b) It is within the capability of the United States to provide every American who is able and willing to work, full opportunity, within the framework of a free society, to prepare himself for an obtain employment at the highest level of productivity, responsibility, and remuneration within the limits of his abilities. (c) The growth of the Nation's economic prosperity and productive capacity is limited by the lack of sufficient skilled workers to perform the demanding production, service, and supervisory tasks necessary to the full realization of economic abundance for all in an increasingly technical society, while, at the same time, there are many workers who are working below their capacity and who with appropriate education and training could capably perform jobs requiring a higher degree of skill, judgment, and attention.

(d) The human satisfaction and sense of purpose so important to employment cannot be fulfilled unless employees have a reasonable opportunity to advance in employment to positions of greater responsibility, status, and remuneration. (e) The placement of unemployed or underemployed workers in private employment is hampered by the absence of a sufficient number of appropriate entry level employment opportunities to satisfy the need therefor and that the preparation of workers now occupying such places for, and their employment in, more responsible positions would increase the number of appropriate entry level employment opportunities.

(f) It is in the interest of workers, employers, and of the Nation to promote the filling of skill requirements in industry and to provide for the upward mobility of industrial workers by a program that will enable employers to educate and train their employees for positions of greater responsibility, to provide opportunities for advancement to industrial workers, and to create employment opportunities for the unemployed.

(g) The guarantee of meaningful employment opportunities for all Americans requires public investment to the extent the private sector is unable to provide such opportunities.

(h) There are great unfilled public needs in such fields as health, recreation, housing and neighborhood improvement, public safety, maintenance of streets, parks, and other governmental facilities, rural development, transportation, beautification, conservation, and other fields of human betterment and public improvement and that to meet these urgent public needs it is necessary to devote greater resources to public service and to expand public service employment.

(i) The organization and delivery of manpower training services is increasingly complex, the technological nature of the services is expanding and the trained staff to provide such servicess is scarce, thus requiring an intensive program of technical assistance and staff training to public and private agencies providing manpower services, and

(j) The economic prosperity of the United States and the well-being and happiness of its citizens would be enhanced by the establishment of a comprehensive manpower policy and program designed to assure every American an opportunity for gainful productive employment and to provide the education and training needed by any person to qualify for employment consistent with its highest potential and capability.

TITLE I-MANPOWER SERVICES PROGRAM

GENERAL RESPONSIBILITIES

SEC. 101. (a) The Secretary of Labor (hereinafter referred to as the Secretary) shall develop and carry out a program of comprehensive manpower services under this title that will

(1) provide for the prompt referral of all those persons who are qualified and are seeking work to suitable employment opportunities;

(2) guarantee training and related manpower services to all other persons who are unemployed, in danger of becoming unemployed, employed in public service jobs authorized in title III, or employed in low-paying jobs

who could through further training qualify for job opportunities that would provide an adequate standard of living for themselves and their families; (3) provide appropriate training and related manpower services for persons in correctional institutions to assist them in obtaining suitable employment upon release;

(4) provide appropriate training and related manpower services for persons who have recently been or will shortly be separated from military service;

(5) develop an early warning system and standby capability that will assure a timely and adequate response to major economic dislocations arising from changing markets, rapid technological change, plant shutdowns, or business failure;

(6) promote and encourage the adoption of employment practices by public agencies, nonprofit agencies, labor organizations, and private firms that will remove unreasonable barriers to employment, without reducing productivity, and expand opportunities for upward mobility;

(7) reduce the level of youth unemployment by improving the linkages between educational institutions and job markets; and

(8) support and encourage the development of broad and diversified training programs by public, nonprofit and private employers designed to improve the skills and thereby the promotion and employment opportunities of employed workers.

(b) The Secretary shall be responsible for the coordination of the activities of other Federal agencies that may contribute to the accomplishment of the purposes of this Act, for promoting the maximum possible coordination of State and local public agencies and private agencies and for recommending to the President and to the Congress combinations of programs or shifts in responsibility that facilitate the achievement of the purposes of this Act.

COMPONENTS OF MANPOWER SERVICES PROGRAMS

SEC. 102. (a) In meeting the responsibilities imposed on him by section 101. the Secretary shall, to the extent needed in each State and local area, provide a comprehensive manpower services program for all those eligible under this title which shall include but shall not be limited to the following:

(1) Occupational counseling and testing services to the extent needed by each individual.

(2) Basic education as needed to remedy the absence of or obsolescence of earlier schooling.

(3) Outreach to find the discouraged and undermotivated and encourage and assist them to enter employment or programs designed to improve their employability.

(4) Prevocational orientation to introduce those of limited experience to alternative occupational choices.

(5) Short-term work experience with public and non-profit agencies for those unaccustomed to the discipline of work.

(6) Communication and employability skills for those pursuing, subsequently or concurrently, courses of occupational training who require such other preparation to render them employable and for those with sufficient skills for suitable employment who require such preparation to become employable.

(7) Occupational training designed to improve and broaden existing skills or to develop new ones.

(8) On-the-job training provided by public, nonprofit and private employers. (9) Part-time training for employed persons where such training would lead to improved employment opportunities.

(10) Programs to provide part-time employment, on-the-job training, or useful work experience for students from low-income families who are in the ninth through twelfth grades of school (or are of an age equivalent to that of students in such grades) and who are in need of the earnings to permit them to resume or maintain attendance in school.

(11) Special programs for jobs leading to career opportunities including new types of careers, in programs designed to improve the physical, social, economic, or cultural conditions of the community or area served in fields including but not limited to health, education, welfare, neighborhood redevelopment, and public safety, which provide maximum prospects for advancement and continued employment without Federal assistance, which give promise of contributing to the broader adoption of new methods of structuring jobs and new methods of pro

viding job ladder opportunities, and which provide opportunities for further occupationoal training to facilitate career advancement.

(12) Programs to provide incentives to private employers, nonprofit organizations, and public employers to train or employ unemployed or low-income persons, including arrangements by direct contract, for reimbursement to employers for the cost of recruiting and training such employees to the extent that such costs exceed those customarily incurred by such employer in recruiting and training new hires, payment for on-the-job counseling and other supportive services, including transportation, and payments for other extra costs including supervisory training required by the program.

(13) Skill training centers wherever a consolidation of occupational training and related manpower services would promote efficiency and provide improved services.

(14) Supportive and followup services to supplement work and training programs under this and other Acts, including health services, counseling, day care for children, transportation assistance, and other special services necessary to assist individuals to achieve success in work and training programs.

(15) Employment centers and mobile employment service units to provide recruitment, counseling, and placement services, conveniently located in urban neighborhoods and rural areas and easily accessible to the most disadvantaged. (16) Special job development efforts to solicit job opportunities suited to the abilities of the disadvantaged job seeker and to facilitate the placement of individuals after training.

(17) Job coaching for a limited period to assist the employer and the worker to insure job retention.

(18) Relocation payments and other special services as needed to assist unemployed individuals and their families to relocate from a labor surplus area to another area with expanding employment opportunities where a suitable job has been located. Preference for such assistance shall be provided those who have been provided training before relocation or have been accepted for on-thejob and other types of employer-directed training.

(b) Where appropriate, the services authorized by this section may be provided, in whole or in part. through residential programs.

MANNER OF PROVIDING SERVICES; ALLOWANCES

SEC. 103. (a) The Secretary shall carry out section 102 either directly or through contracts with public or private agencies and organizations. Section 3709 of the Revised Statutes of the United States (41 U.S.C. 5) shall not apply to such contracts.

(b) The Secretary, in the case of programs he carries out directly, and contracts entered into under subsection (a), may where appropriate provide for the payment of weekly allowances to individuals receiving services under section 102. Such allowances shall be at a rate prescribed by the Secretary which when added to amounts received by the trainee in the form of public assistance or unemployment compensation payments shall approximate the minimum wage for a workweek of forty hours under section 6(a)(1) of the Fair Labor Standards Act of 1938 or, if higher, under the applicable State minimum wage law, or where the trainee is being trained for particular employment, at a rate equal to 80 per centum of the weekly wage for such employment, whichever is greater. In prescribing allowances, the Secretary may 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 Secretary 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 Secretary may, in the case of programs carried on outside the continental United States, make appropriate adjustments in allowances which would otherwise be payable under this Act 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.

(c) For purposes of subchapter I of chapter 81 of title 5, United States Code, persons receiving services under section 102 shall be deemed civil employees of the United States within the meaning of the term "employee" as defined in sec

44-425-70-pt. 1-2

tion 8101 of title 5, United States Code, and the provisions of that subchapter shall apply, except that in computing compensation benefits for disability or death, the monthly pay of such a person shall be deemed to be his allowance for a month, if he is receiving one, but in no event shall the monthly pay be deemed to be less than the minimum wage for four workweeks of forty hours each under section 6(a)(1) of the Fair Labor Standards Act of 1938, or, if higher, under the applicable State minimum wage law.

(d) (1) No allowance shall be paid to any person for any period for which a money payment has been made with respect to the need of that person under a State plan which has been approved under title I, IV, X, XIV, or XVI of the Social Security Act and which meets the requirements of the first sentence of paragraph (2) of this subsection. The Secretary is authorized to pay to any such person (A) such sums as the Secretary determines to be necessary to defray expenses of that person which are attributable to receipt of services pursuant to the provisions of this Act, and (B) an incentive payment of not more than the difference between such money payment and the amount of the allowance to which such person would have otherwise been entitled.

(2) Notwithstanding the provisions of titles I, IV, X, XIV, and XVI of the Social Security Act, a State plan approved under any such title shall provide that no payment made to any person pursuant to paragraph (1) of this subsection shall be regarded (A) as income or resources of that person in determining his need under such approved State plan or (B) as income or resources of any other person in determining the need of that other person under such approved State plan. No funds to which a State is otherwise entitled under title I, IV, X, XIV, or XVI of the Social Security Act for any period before the first month beginning after the adjournment of the State's first regular legislative session which adjourns more than sixty days after the enactment of this subsection shall be withheld by reason of any action taken pursuant to a State statute which prevents such State from complying with the requirements of this paragraph.

CRITERIA FOR SELECTION OF MODE OF OPERATION

SEC. 104. (a) In exercising his authority under section 103, the Secretary shall select that mode of operation which, in his judgment, will

(1) enable him to achieve the objectives of this Act most economically or efficiently, or, where services are urgently needed, to provide such services most quickly and effectively;

(2) assure that these services will be provided without discrimination on the basis of race, creed, sex, age, or national origin;

(3) enable persons seeking manpower services to be served by the smallest number of suppliers of such services, and most conveniently for the individual being served; and

(4) assure that services provided each individual will be tailored to meet his individual needs and capacities.

(b) In carrying out a program of the type described in paragraph (8) of section 102(a) the Secretary shall make such arrangements as he deems necessary to insure adherence to appropriate training standards, including assurances

(1) that the training content of the program is adequate, involves reasonable progression, and will result in the qualification of trainees for suitable employment;

(2) that the training period is reasonable and consistent with periods customarily required for comparable training;

(3) that adequate and safe facilities, and adequate personnel and records of attendance and progress are provided; and

(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 prevailing industry practices and trainee proficiency.

TITLE II-OCCUPATIONAL TRAINING IN INDUSTRY

CONTRACTS FOR UPGRADING PROGRAMS

SEC. 201. The Secretary is authorized and directed to enter into contracts with private or public employers under the terms of which the employer undertakes to provide the necessary education and skill training to prepare employees for positions of greater skill, responsibility, and remuneration in the employ of such employer.