(2) directly refer jobseekers for placement in positions on projects drawn from the reservoir of public and private employment projects, and

(3) register jobseekers in the standby Job Corps (as established in section 6(a) below).

The Secretary shall provide by regulation for procedures to assure that registration under clause (3) above shall occur upon presentation of the jobseeker to the Job Guarantee Office unless a placement process is begun under clause (1) or (2) above which presents a high probability of success within five days.

(g) For the purposes of this Act, any jobseeker who presents himself or herself in person at the Job Guarantee Office shall be considered prima facie "willing and able" to work at some appropriate type and duration of work and some appropriate rate of compensation. This specifically includes persons with impairments of sight, hearing, movement, coordination, mental retardation, or other handicaps. This subsection shall be implemented by the Job Guarantee Office, pursuant to regulations issued by the Secretary. Such regulations shall provide for

(1) an initial determination by the Job Guarantee Officer as to the jobseeker's ability to work at appropriate types and durations of work and appropriate rates of compensation;

(2) compliance with section 703 of the Civil Rights Act of 1964; (3) such administrative appeal procedures as may be appropriate to review such determination where adverse to the jobseeker, which shall include(A) opportunity for prompt hearing, after notice, in the jobseeker's area of residence ;

(B) appeals to the regional and national levels, where so desired; and

(C) appropriate information and advice to appellants at all levels of review;

(4) termination of such appeal procedures within sixty days; and

(5) placement of such jobseeker on the payroll of the Standby Job Corps pending such appeal or any judicial review thereof, unless, in the case of judicial review, the court otherwise orders.

(h) Any person deprived of rights secured by this Act, including the right to useful paid employment at fair rates of compensation, shall be entitled in an action brought against the United States (1) to recover damages, together with costs and attorneys' fees or (2) to otherwise sue to enforce this Act. An action based upon the right to useful paid employment at fair rates of compensation as implemented by section 5 (f) or (g) may be brought only after termination of the administrative appeal procedures specified in section 5(g) and after the time period specified in section 13 (a). The district courts of the United States shall have jurisdiction of any action brought seeking relief pursuant to this Act, including injunctive, declaratory, and other forms of relief as well as damages.

Direct Federal Responsibility and Action

(i) Notwithstanding any other provision of this Act the United States Full Employment Service, under the direction of the Secretary, shall have the authority and the responsibility to directly administer or direct any program established pursuant to sections 5, 6, or 7 when such administration or direction is necessary, in the judgment of the Secretary, to the full and prompt effectuation of the purposes of this Act.

STANDBY JOB CORPS

SEC. 6. (a) There shall be established by the Job Guarantee Office of the United States Full Employment Service a Standby Job Corps to provide temporary residual public service jobs which shall consist of jobseekers registered pursuant to section 5(f) (3) above. Such Corps shall be available for public service work upon projects and activities that are approved as a part of community public service work reservoirs established by community boards pursuant to section 7 (c) (2).

(b) The Secretary, by regulation, shall provide for

(1) a requirement that jobseekers registered in the Standby Job Corps (hereafter called Corps members) maintain a status of good standing, which status shall include attendance and performance standards;

(2) a system of compensation for Corps members which shall :

(A) provide that Corps members shall receive a monthly rated sum based upon their employment at a suitable and comparable job (as defined pursuant to paragraph (B) below);

(B) contain a definition of a "suitable and comparable job" which shall take into account, among other factors, the following:

(i) No Corps member shall be paid less than the minimum wage in effect in the area; and

(ii) Corps members shall receive compensation ((a)) that bears a positive relationship to their qualifications, experience, and training; and ((b)) that is such that will effectively encourage them (from an economic standpoint) to advance from the Corps to other employment;

(3) the fullest possible planning and operational control of the local Standby Job Corps program at the community and neighborhood level (consistent with section 7 (c));

(4) full and effective prohibition of (A) discrimination on grounds of sex, age, race, color, religion, or national origin and (B) improper political activity;

(5) reasonable oversight and reporting in respect to projects utilizing Corps members; and

(6) assurance that no activities undertaken pursuant to this subsection shall adversely affect prevailing wage rates in the area.

LOCAL PLANNING COUNCILS

SEC. 7. (a) The Congress hereby recognizes that (1) the specific identification of local needs for additional goods, services, and employment opportunities can best be handled by local governments, communities, groups, and individuals and (2) to carry out their functions under this Act, the President, the Secretary of Labor, and other officials and agencies of the Federal Government need the continuing input of ideas, proposals, advice, and criticism from local governments, and from communities, groups, and individuals.

(b) Section 104 of the Comprehensive Employment and Training Act of 1973 is amended to add a new paragraph to read as follows:

"In addition to its other functions and responsibilities, and under the direction of the State or local government prime sponsor the planning council shall"(1) help identify local needs for additional employment opportunities, and under guidelines and general national policy to be established by the Secretary of Labor, shall advise the Job Guarantee Office of the United States Full Employment Service in selecting and planning projects to provide a reservoir of public and private employment projects to supplement available employment. Such projects shall include expanded or new goods and services that reflect the needs and desires of the local community, such as (A) infrastructure construction, repair, and maintenance, (B) assistance to any member or group of individuals mentioned in section 4(d) of the Equal Opportunity and Full Employment Act, (C) construction, repair, or maintenance of public buildings, (D) public transit, (E) housing, (F) day care facilities, (G) cultural activities, (H) sanitation, (I) legal aid, (J) health and other social services, (K) combating drug abuse, (L) charitable and educational purposes, (M) public recreation, (N) juvenile delinquency prevention, (O) assistance to the elderly and disabled, (P) environmental control, and (Q) such other purposes as the Secretary may designate; and

"(2) assist, upon request, the United States Full Employment Service in evaluating and monitoring programs under the Equal Opportunity and Full Employment Act in accordance with standards and criteria published by the National Institute for Full Employment Research and pursuant to guidelines established by the Secretary of Labor.".

(c) Each Planning Council (established by section 104 of the Comprehensive Employment and Training Act of 1973 and herein referred to as "local planning council") shall, pursuant to regulations of the Secretary and subject to section 5(1), provide for

(1) the establishment of community boards in community or neighborhood areas which form a feasible and cohesive unit for supplying public service job opportunities; and

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(2) the establishment of community public work reservoirs through action of the community job boards. Such reservoirs shall include, but shall not be limited to, projects set forth in subsection (b).

CONGRESSIONAL JOINT ECONOMIC COMMITTEE

Annual Conferences on Full Employment and National Purposes

SEC. 8. (a) The Joint Economic Committe shall arrange for annual Conferences on Full Employment and National Purposes in order to (1) obtain a broad spectrum of popular and informed opinion on the specific goals, policies and programs set forth in the Purposes Budget, including independent viewpoints, entirely apart from the President's proposals, on what such goals, priorities and programs should be and (2) facilitate cooperation in achieving the objectives of the Employment Act of 1946 and this Act. Each such conference shall be attended by such representatives of Federal, State, and local governments, private enterprise, organized labor, voluntary associations, and such other national or local leaders as the Committee may deem desirable.

Review, Hearings, and Reports

(b) In addition to its responsibilities under the Employment Act of 1946, the Joint Economic Committee shall

(1) annually review the activities of the executive branch under all sections of this Act, with special attention to the goals, policies and programs set forth in the Purposes Budget;

(2) regularly conduct on its own behalf, or in cooperation with or through the facilities of the appropriate legislative committees or subcommittees of the Senate and the House, public hearings in as many labor market areas as feasible, with special emphasis on opportunities for hearing petitions and complaints by individuals and groups who feel that they have been denied their rights to employment opportunities or have been injured directly or indirectly by policies and programs designed to guarantee the exercise of rights; and

(3) annually report upon, with its own conclusions and recommendations, development and administration of the policies and programs mandated by this Act.

Budget Implementation Procedure

(c) (1) In addition to its responsibilities under subsection (b), the Joint Economic Committee shall, within sixty days of the submission of the Purposes Budget as required pursuant to section 3 or section 13(b), report to the Senate and House of Representatives its findings, recommendations, and modifications with respect to the provisions of the Purposes Budget, together with a concurrent resolution setting forth a general policy with respect to such Purposes Budget, to serve as a guide to those committees dealing with legislation, the budget, and appropriations.

NATIONAL INSTITUTE FOR FULL EMPLOYMENT RESEARCH

SEC. 9. (a) The Congress hereby recognizes that (1) in the absence of genuine full employment, as defined in this Act, many Federal policies and programs have been based on the presumption of the continuing lack of suitable employment opportunities for large numbers of people able and willing to work, and (2) to carry out their functions under this Act, the President and the Council of Economic Advisors, as well as the Secretary of Labor, the local planning councils, the community boards, the Job Guarantee Offices, the United States Full Employment Service, and the Congressional Joint Economic Committee need the support of long-range, continuing, serious, and objective studies of the many changes required in such Federal policies and programs to gear them more closely to the Purposes Budget, its continuing adjustment and improvement, and its implementation.

(b) To develop and administer a long-range program of such studies, there is hereby established a National Institute for Full Employment Research (hereinafter referred to as the "Institute") within the Department of Labor, under a director to be appointed by the Secretary of Labor.

(c) The Director of the Institute shall

(1) serve for a term of three years but shall be removable, with or without cause, by the Secretary;

(2) be compensated at the rate provided for grade 18 of the General Schedule set forth in section 5332 of title 5, United States Code. The position created by this subsection shall be in addition to the number of positions placed in grade 18 of the General Schedule under section 5108 of title 5, United States Code;

(3) appoint a Deputy Director of the Institute; and

(4) appoint, for terms not to exceed three years, without regard to the provisions of title 5 of the United States Code governing appointment in the competitive service and may compensate without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, such technical or professional employees of the Institute as he or she deems necessary to accomplish its functions and also appoint and compensate without regard to such provisions not to exceed one-fifth of the number of full-time, regular technical or professional employees of the Institute.

(d) The Institute is authorized and directed to make, or have made through grants to or contracts with individual researchers and private or public research organizations, universities and other Government agencies, studies that shall include, but need not be limited to, such subjects as

(1) those as may be defined by the Council of Economic Advisors in accordance with its responsibilities pursuant to section 3 (h);

(2) the identification of human potentialities that are hidden, undeveloped, or underdeveloped because of the lack of suitable job opportunities, encouragement, education, or training and of various ways of releasing such potentialities;

(3) the forms of education and training needed to help provide people with the skills, knowledge, and values required by existing employment opportunities and technologies and needed to assist in developing such new types of goods, services, technologies, and employment opportunities as may better meet human needs;

(4) the policies and programs needed to substantially eliminate substandard employment, wages, and working conditions and the techniques for establishing standards for employment, and working conditions in accordance with changing levels of national output and resources, and regional variations in output, resources, and other relevant factors;

(5) the improvement of the quality of employment, in both the private and the public sectors, in terms of (a) satisfactions for employees, (b) the efficiency and productivity of work done, and (c) the satisfactions of clients for and consumers of the goods or services provided;

(6) such policies and programs as may be needed to enable small and independent business enterprises to benefit from the provisions of this Act and protect them against any unfavorable consequences that may result from actions taken to implement it:

(7) alternative organizational forms and operating methods for the local planning councils mandated under section 7, as well as additional methods of encouraging participatory and decentralized planning of employment policies and programs;

(8) the standards and criteria to be used by the local planning councils (pursuant to section 7(b)) in assisting the United States Full Employment Service to monitor and evaluate programs under this Act;

(9) the problems of the special priority individuals and groups referred to in section 5(d);

(10) the integration of existing programs of welfare assistance, income maintenance, and unemployment compensation with the payments made to people under section 6(b) (2) of this Act;

(11) improved methodologies for conducting studies in all such areas, with special attention to the methodological problems involved in utilizing skills and techniques that may transcend established disciplinary boundaries; and (12) a comprehensive program for such economic and social indicators, both quantitative, and qualitative, as may be needed for the continuous and objective monitoring of basic economic and social trends in the performance, structure, and environment of the American economy and society.

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(f) In developing this program the Institute shall encourage divergent approaches to each area of policy study, shall keep the local planning councils informed on the nature of research in process, and shall disseminate widely the results of all completed research.

GENERAL PROVISIONS

Nondiscrimination

SEC. 10. (a) No person in the United States shall on the ground of sex, age, race, color, religion, or national origin 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, including in respect to membership in any structure created by this Act and the definition of "fair rates of compensation" in section 11(5).

Labor Standards

(b) (1) All laborers and mechanics employed by contractors or subcontractors in any construction, alteration, or repair including painting and decorating or projects, building, 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. 276-276a-5). The Secretary of Labor 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)). This paragraph shall not apply to employment section 6(b) (2).

(2) The Job Guarantee Office shall not enter into any agreement under section 5 of the Act nor shall it develop any project for the reservoir of public service and private employment projects until it has determined that such agreement or project shall provide

(A) that 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;

(B) appropriate workmen's compensation protection; and

(C) assurances that the project 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.

DEFINITIONS

SEC. 11. For the purposes of this Act—

(1) "Adult Americans" refers to all citizens and permanent residents of the United States who are sixteen years of age or older, plus such younger age groups as may be expressly included by local, State, or Federal law and implemented by administrative regulations under this Act.

(2) "Full employment" is a situation under which there are useful and rewarding employment opportunities for all adult Americans able and willing to work.

(3) "Able and willing to work" means possessing the capacity and motivation to perform for pay productive tasks creative of a useful social product. (4) "Opportunity" refers to an available and feasible choice.

(5) "Fair rates of compensation" refers to remuneration at wages taking into consideration regional levels of compensation, statutory minimum wages, and those wages established by prevailing collective-bargaining agreements and under working conditions consistent with trade union or prevailing standards (except where sections 6(b) (2) or 11(b) (1) apply).

AUTHORIZATIONS

SEC. 12. There is hereby authorized to be appropriated for the fiscal year ending on June 30, 1976, and for each succeeding fiscal year such sums as may be needed to carry out the various sections of this Act.