67 requested assistance through the public employment service and, of these, the number placed in suitable employment or job training opportunities or who were otherwise assisted, with separate reference to occupational training under appropriate Federal law. The report shall also include any determination by the Secretary under section 2004 or 2005 of this title and a statement of the reasons for such determination. "S 2008. Cooperation and coordination with the Veterans' Admin. istration "In carrying out his responsibilities under this chapter, the Secretary of Labor shall from time to time consult with the Administrator and keep him fully advised of activities carried out and data gathered pursuant to this chapter to insure maximum cooperation and coordination between the Department of Labor and the Veterans' Administration." (b) The table of chapters at the beginning of title 38, United States Code, is amended by striking out "41. Job Counseling and Employment Iacement Service for Veterans 2001" and inserting "41. Job Counseling, Training, and Placement Service for Veterans.. 2001". (c) The table of chapters at the beginning of part III of title 38, United States Code, is amended by striking out "41. Job Counseling and Employment Placement Service for Veterans--- 2001" and inserting in lieu thereof 2001". "41. Job Counseling, Training, and Placement Service for Veterans (d) The amendments made by this section shall become effective ninety days after the enactment of this Act. JOHN W. McCORMACK, Speaker of the House of Representatives. HAROLD E. HUGHES, Acting President Pro Tempore of the Senate. [Endorsement on back of bill:] I certify that this Act originated in the Senate. FRANCIS R. VALEO, Secretary. O F. Public Law 92-54 92nd Congress, S. 31 An Act To provide during times of high unemployment for programs of public service employment for unemployed persons, to assist States and local communities in providing needed public services, 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 Emergency be cited as the "Emergency Employment Act of 1971“. STATEMENT OF FINDINGS AND PURPOSES SEC. 2. The Congress finds and declares that (1) times of high unemployment severely limit the work opportunities available to the general population, especially lowincome persons and migrants, persons of limited English-speaking ability, and others from socioeconomic backgrounds generally associated with substantial unemployment and underemployment; (2) expanded work opportunities fail, in times of high unenployment, to keep pace with the increased number of persons in the labor force, including the many young persons who are entering the labor force, persons who have recently been separated from military service, and older persons who desire to remain in, enter, or reenter the labor force; (3) in times of high unemployment, many low-income persons are unable to secure or retain employment, making it especially difficult to become self-supporting and thus increasing the number of welfare recipients; Employment (4) many of the persons who have become unemployed or underemployed as a result of technological changes or as a result of shifts in the pattern of Federal expenditures, as in the defense, aerospace, and construction industries, could usefully be employed 85 STAT. 146 in providing needed public services; (5) it is appropriate during times of high unemployment to fill unmet needs for public services in such fields as environmental quality, health care, housing and neighborhood improvements, recreation, education, public safety, maintenance of streets, parks, and other public facilities, rural development, transportation, beautification, conservation, crime prevention and control, prison rehabilitation, and other fields of human betterment and public improvement; (6) programs providing transitional employment in jobs providing needed public services and related training and manpower services can be a useful component of the Nation's manpower policies in dealing with problems of high unemployment and dependency upon welfare assistance, and providing affected individuals with opportunities to develop skills and abilities to enable them to move into other public or private employment and other opportunities; and (7) providing resources for transitional public service employment and related training and manpower services during an economic slowdown can help as an economic stabilizer both to ease the impact of unemployment for the affected individuals and to reduce the pressures which tend to generate further unemployment. It is therefore the purpose of this Act to provide unemployed and underemployed persons with transitional employment in jobs providing needed public services during times of high unemployment 85 STAT. 147 64-477 O 71 85 STAT. 147 85 STAT. 148 Publication in Pub. Law 92-54 -2 July 12, 1971 and, wherever feasible, related training and manpower services to enable such persons to move into employment or training not supported under this Act. FINANCIAL ASSISTANCE SEC. 3. (a) The Secretary of Labor shall enter into arrangements with eligible applicants in accordance with the provisions of this Act in order to make financial assistance available during times of high unemployment for the purposes of providing transitional employment for unemployed and underemployed persons in jobs providing needed public services, and training and manpower services related to such employment which are otherwise unavailable, and enabling such persons to move into employment or training not supported under this Act. (b) Not less than 85 per centum of the funds appropriated pursuant to this Act shall be expended only for wages and employment benefits to persons employed in public service jobs pursuant to this Act. ELIGIBLE APPLICANTS SEC. 4. Financial assistance under this Act may be provided by the Secretary only pursuant to applications submitted by eligible applicants which shall be (1) units of Federal, State, and general local government; or (2) public agencies and institutions which are subdivisions of State or general local government, and institutions of the Federal Government; or (3) Indian tribes on Federal or State reservations. AUTHORIZED APPROPRIATIONS SEC. 5. (a) For the purposes of carrying out this Act, there are authorized to be appropriated $750,000,000 for the fiscal year ending June 30, 1972, and $1,000,000,000 for the fiscal year ending June 30, 1973. (b) (1) No further obligation of funds appropriated under this section may be made subsequent to a determination by the Secretary that the rate of national unemployment (seasonally adjusted) has receded below 4.5 per centum for three consecutive months except as provided in paragraph (2). (2) If, at any time subsequent to the Secretary's determination under this section, the rate of national unemployment (seasonally adjusted) equals or exceeds 4.5 per centum for three consecutive months, the Secretary shall, notwithstanding the provisions of paragraph (1), resume the obligation of funds appropriated under this section until a new determination has been made under paragraph (1). (3) In determining the rate of national unemployment for the purposes of this section only, persons who were, at the time of their employment under this Act, being counted as unemployed in determining the rate of national unemployment shall continue to be so counted if they continue in such employment. (c) Whenever the Secretary makes any determination required by subsection (b), he shall promptly notify the Congress and shall publish such determination in the Federal Register. At such time, the Secretary shall recommend to the Congress any further steps he deems appropriate. July 12, 1971 -3 Pub. Law 92-54 SPECIAL EMPLOYMENT ASSISTANCE SEC. 6. (a) There is hereby established a Special Employment Assist- Special Employance Program. There are authorized to be appropriated $250,000,000 ment Assistance each for the fiscal year ending June 30, 1972, and for the succeeding Program, estabfiscal year, to carry out the provisions of this section. lishment. (b) The Secretary shall enter into agreements with eligible applicants meeting the criteria set forth in subsection (c) in order to make financial assistance available, in accordance with the provisions of this Act, for the purpose of providing employment, for unemployed and underemployed persons residing in areas of substantial unemployment, in 85 STAT. 148 jobs providing needed public services. (c) For the purpose of this section (1) "areas of substantial unemployment" means any area of sufficient size and scope to sustain a public service employment program and which has a rate of unemployment equal to or in excess of 6 per centum for three consecutive months as determined by the Secretary; and (2) "eligible applicant" means any unit or combination of units of general local government or any public agency or institution which is a subdivision of any such unit, or an Indian tribe on a Federal or State reservation, which is or has within it an area of substantial unemployment. 85 STAT. 149 Definitions. (d) Whenever the Secretary makes any determination required by Publication in this section, he shall promptly notify the Congress and shall publish Federal Register. such determination in the Federal Register. APPLICATIONS SEC. 7. (a) Financial assistance under this Act may be provided by Program design. the Secretary for any fiscal year only pursuant to an application which is submitted by an eligible applicant and which is approved by the Secretary in accordance with the provisions of this Act. Any such application shall set forth a public service employment program designed, in times of high unemployment, to provide transitional employment for unemployed and underemployed persons in jobs providing needed public services and, where appropriate, training and manpower services related to such employment which are otherwise unavailable, and to enable such persons to move into employment or training not supported under this Act. (b) Programs assisted under this Act shall, to the extent feasible, Purposes. be designed with a view toward— (1) developing new careers, or (2) providing opportunities for career advancement, or (3) providing opportunities for continued training, including on-the-job training, or (4) providing transitional public service employment which will enable the individuals so employed to move into public or private employment or training not supported under this Act. (c) An application for financial assistance for a public service Required employment program under this Act shall include provisions setting provisions. forth (1) assurances that the activities and services for which assistance is sought under this Act will be administered by or under the supervision of the applicant, identifying any agency or institution designated to carry out such activities or services under such supervision; (2) a description of the area to be served by such programs, and a plan for effectively serving on an equitable basis the significant 85 STAT. 150 Veterans, special consideration. 72 Stat. 1216; Pub. Law 92-54 -4 July 12, 1971 segments of the population to be served, including data indicating the number of potential eligible participants and their income and employment status: (3) assurances that special consideration will be given to the filling of jobs which provide sufficient prospects for advancement or suitable continued employment by providing complementary training and manpower services designed to (A) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in the public or private sector of the economy, (B) provide participants with skills for which there is an anticipated high demand, or (C) provide participants with self-development skills, but nothing contained in this paragraph shall be construed to preclude persons or programs for whom the foregoing goals are not feasible or appropriate; (4) assurances that special consideration in filling public service jobs will be given to unemployed or underemployed persons who served in the Armed Forces in Indochina or Korea on or I after August 5, 1964 in accordance with criteria established by the Secretary (and who have received other than dishonorable discharges); and that the applicant shall (A) make a special effort to acquaint such individuals with the program, and (B) coordinate efforts on behalf of such persons with those authorized by chapter 41 of title 38, United States Code (relating to Job Counseling and Employment Services for Veterans) or carried out by other public or private organizations or agencies; (5) assurances that, to the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private sector as the unemployment rate recedes; (6) assurances that due consideration be given to persons who have participated in manpower training programs for whom employment opportunities would not be otherwise immediately available; (7) a description of the methods to be used to recruit, select, and orient participants, including specific eligibility criteria, and programs to prepare the participants for their job responsibilities; (8) a description of unmet public service needs and a statement of priorities among such needs; (9) a description of jobs to be filled, a listing of the major kinds of work to be performed and skills to be acquired, and the approximate duration for which participants would be assigned to such jobs; (10) the wages or salaries to be paid persons employed in public service jobs under this Act and a comparison with the wages paid for similar public occupations by the same employer; (11) where appropriate, the education, training, and supportive services (including counseling and health care services) which complement the work performed: (12) the planning for and training of supervisory personnel in working with participants; (13) a description of career opportunities and job advancement potentialities for participants; (14) assurances that procedures established pursuant to section 11(a) will be complied with; (15) assurances that agencies and institutions to whom financial assistance will be made available under this Act will undertake analysis of job descriptions and a reevaluation of skill requirements at all levels of employment, including civil service |