(b) The Secretary shall establish criteria designed to achieve an equitable distribution of assistance among the States under this section. In developing such criteria, he shall consider, among other relevant factors, the ratios of population, unemployment, and income levels. Of the sums available for any fiscal year for programs authorized under this section, not more than 15 per centum shall be used within any one State.

NEIGHBORHOOD YOUTH PROGRAMS

SEC. 402. (a) The Secretary shall provide financial assistance to public and private agencies serving urban and rural areas to carry out

(1) programs to provide part-time employment, on-the-job training, and 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 grade) and who are in need of the earnings to permit them to resume or maintain attendance in school;

(2) programs to provide unemployed, underemployed, or low-income persons (aged sixteen and over) with useful work and training (which must include sufficient basic education and institutional or on-the-job training) designed to assist those persons to develop their maximum occupational potential and to obtain regular competitive employment;

(3) programs to provide job and recreation opportunities for young persons during the summer months.

(b) In addition to the amounts authorized to be appropriated pursuant to section 3 for carrying out this Act, there are further authorized to be appropriated such additional amounts as the Congress may determine to be necessary for carrying out section 402 (a) (3).

(c) For programs which provide work and training related to physical improvements, preference shall be given to those improvements which will be substantially used by low-income persons and families or which will contribute substantially to amenities or facilities in urban or rural areas having high concentrations or proportions of low-income persons and families.

(d) In the case of a program under section 402(a)(1), the Secretary shall not limit the number or percentage of participants in the program who are fourteen or fifteen years of age. In the case of a program under section 402 (a)(2), the Secretary shall not limit the number or percentage of participants in any age group under twenty-two years of age, and the Secretary shall not limit the number of hours which participants may spend in work and on-the-job training to less than 80 per centum of the number of hours per week spent in the program, and allowances for such work and on-the-job training shall not be less than the minimum wage specified in section 6(a) (1) of the Fair Labor Standards Act of 1938.

(f) Participants in programs under this section must be unemployed or lowincome persons.

VOCATIONAL EDUCATION FOR NEIGHBORHOOD YOUTH PROGRAMS

SEC. 403. There are authorized to be appropriated such sums as may be necessary to make grants to State vocational education boards to enable them to provide vocational education services as a component of programs carried out under section 402 in accordance with an agreement between the State vocational edu cation board and the agency operating the neighborhood youth program.

INDIAN MANPOWER

SEC. 404. (a) The Congress finds that (1) serious unemployment and economic disadvantage exist among members of Indian and Alaskan native communities: (2) there is a compelling need for the establishment of comprehensive manpower training and employment programs for members of those communities: (3) such programs are essential to the reduction of economic disadvantage among individual members of those communities and to the advancement of economic and social development in those communities consistent with their goals and life styles.

(b) The Congress therefore declares that, because of the special relationship between the Federal Government and most of those to be served by the provisions of this section, (1) such programs can best be administered at the national level; (2) such programs shall be available to federally recognized

tribes, bands, and individuals and to other groups and individuals of native American descent such as, but not limited to, the Menominees in Wisconsin, the Klamaths in Oregon, the Oklahoma Indians, the Passamaquoddys and Penobscots in Maine, and Eskimos and Aleuts in Alaska; (3) such programs shall be administered in such a manner as to maximize the Federal commitment to support growth and development as determined by representatives of the communities and groups served by this part.

(e) The Secretary is directed to designate full-time personnel under this part experienced in the manpower problems of Indians to have responsibility for program leadership, development, coordination, and information and to give special attention to the manpower problems of Indians and the programs related to Indians.

(d) Funds available for this section shall be expended for programs and activities consistent with the purposes of this part, including but not limited to such programs and activities carried out by eligible applcants under other provisons of this Act.

(e) For the purpose of carrying out this section, the Secretary shall reserve not less than that proportion of the total amounts available for carrying out this Act as is equivalent to that proportion which the total number of Indians and Alaska natives bears to the total number of low-income persons, as deter mined for the United States on the basis of the most satisfactory current data and estimates available to the Secretary.

(f) The Secretary of Labor shall appoint a National Indian Manpower Advisory Council which shall consist of at least five but not more than ten members, and shall be composed of men and women representing Indian tribes and groups, and other persons interested in the problems of manpower training and employment on Indian reservations and among Indian groups. Indians shall constitute a majority of the Council, which shall designate its own chairman. Such Council, or any duly established subcommittee thereof, shall from time to time make recommendations to the Congress, the President, and the Secretary concerning problems and policies relating to employment and manpower and to the carrying out of their duties and responsibilities under this section. Such Council shall hold not less than two meetings during each calendar year. The Secretary shall provide the Council with such staff and services as may be necessary for the Council to carry out its functions.

(g) No provision of this section shall abrogate in any way the trust responsibilities of the Federal Government to Indian bands or tribes.

BILINGUAL MANPOWER PROGRAMS

SEC. 405. (a) In recognition of the difficulties and limitations of large numbers of persons of limited English-speaking ability in the United States in finding employment and in learning the technology required for employment today, Congress hereby declares it to be the policy of the United States to provide financial assistance to public and private nonprofit agencies, institutions, and organizations to develop and carry out imaginative programs to increase employment and training opportunities for persons with limited English-speaking ability, especially such persons who are unemployed or underemployed.

(b) The Secretary is directed to designate full-time personnel under this part experienced in the manpower problems of persons with limited EnglishSpeaking ability to have responsibility for program leadership, development .coordination, and information and to give special attention to the manpower problems of persons with limited English-speaking ability and the programs related to persons with limited English-speaking ability.

(c) (1) For the purpose of carrying out this section, the Secretary shall reserve not less than that proportion of the total amounts available for carrying ont this Act as is equivalent to that proportion which the total number of persons of limited English-speaking ability bears to the total population, as determined for the United States on the basis of the most satisfactory current data and estimates available to the Secretary.

(2) In determining the distribution of funds under this section, the Secretary shall give the highest priority to States and areas within States having the greatest need for programs authorized by this section. For the purpose of achieving an equitable distribution of assistance under this section within each State, the Secretary shall establish criteria on the basis of a consideration of (A) the geographic distribution of persons of limited English-speaking ability who are unemployed or underemployed, (B) the relative need of such persons

in different geographic areas within the State for the kind of programs described in subsection (d), and (C) the relative ability of particular public and private nonprofit agencies, institutions, and organizations within the State to carry out those programs.

(d) Funds available for this section shall be expended for programs and activities consistent with the purposes of this section, including but not limited to such programs and activities carried out by eligible applicants under other provisions of this Act, especially

(1) planning for and developing programs designed to meet the special manpower needs of persons with limited English-speaking ability including

(A) the development of training courses and materials to teach skills and occupations that do not require a high proficiency in English, particularly the development of course materials in languages other than English; and

(B) the development of training courses and materials designed to increase the technical English vocabulary necessary for the performance of specific occupations likely to provide employment opportunities for such persons;

(2) preservice training designed to prepare persons to participate in bilingual manpower training and placement programs such as instructors, interviewers, counselors, and placement specialists; and

(3) the establishment, maintenance, and operation of programs, including acquisition of necessary teaching materials and equipment, designed to increase the employment opportunities and the opportunities for advancement of persons with limited English-speaking ability, which may include—

(A) programs to teach occupational skills in the primary language of any such persons for occupations that do not require a high proficiency in English;

(B) programs designed to teach specific technical English vocabulary necessary in the performance of specific skills and occupations in demand and which such persons may be reasonably expected to perform;

(C) programs developed in cooperation with employers designed to increase the English-speaking ability of such persons in order to enhance their opportunities for promotion;

(D) programs designed to assist any such person to further develop and capitalize on their bilingual ability for jobs that require such skills; and

(E) specialized placement programs including supportive services to encourage persons with limited English-speaking ability to find employment and to encourage employers to hire such persons.

(e) (1) Financial assistance under this section may be made to any public or private nonprofit agency, institution, or organization, or to any such agencies, institutions, or organizations applying jointly or with a private employer, upon application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary deems necessary. Such applica tion shall

(A) provide that the programs and projects for which assistance under this part is sought will be administered by, or under the supervision of, the applicant and set forth assurances that the applicant is qualified to administer or supervise such programs or projects;

(B) set forth a program for carrying out the purposes of this part and provide for such methods of administration as are necessary for the proper and efficient operation of the program;

(C) provide assurances that provision has been made for the maximum participation in the projects for which the application is made of persons with limited English-speaking ability who are unemployed or underemployed and who reside in the area to be served by the project.

(2) An application, or modification or amendment thereof, for financial assistance under this section may be approved by the Secretary only if the application is consistent with the purposes of this part and meets the requirements set forth in paragraph (1).

(f) As used in this part, the term "persons of limited English-speaking ability” shall include persons who come from environments where the dominant language is other than English and who are preparing for work in a labor market where the dominant language is English.

MIGRANT AND SEASONAL FARM WORKER MANPOWER PROGRAMS

SEC. 406. (a) The Congress finds and declares that

(1) chronic seasonal unemployment and underemployment in the agricultural industry, substantially affected by recent advances in technology and mechanization, constitute a substantial portion of the Nation's rural manpower problem and substantially affects the entire national economy;

(2) because of the special nature of certain farmworker manpower problems, particularly those which are interstate in nature, such programs can best be administered at the national level.

(b) The Secretary is directed to designate full-time personnel under this part experienced in the manpower problems of migratory and seasonal agricultural workers to have responsibility for program leadership, development, coordination, and information and to give special attention to the manpower problems of migratory and seasonal agricultural workers and the programs related to migratory and seasonal agricultural workers.

(c) (1) Funds available for this section shall be expended for programs and activities consistent with the purposes of this section, including but not limited to programs and activities carried out by eligible applicants under other provisions of this Act.

(2) For the purpose of carrying out this section, the Secretary shall reserve not less than that proportion of the total amounts available for carrying out this Act as is equivalent to that proportion which the total number of persons in migrant and seasonal farmworker families bears to the total number of lowincome persons, as determined for the United States on the basis of the most satisfactory current data and estimates available to the Secretary. For the purposes of this section, persons shall be deemed to continue to be members of migrant and seasonal farmworker families for such period of time, not in excess of five years, as the Secretary may determine, in accordance with regulations which he shall prescribe, that such persons generally can benefit from the special programs authorized by this part.

(3) No financial assistance may be provided under this section unless the Secretary determines, upon the basis of evidence supplied by each applicant and evaluated and approved by the Migrant and Seasonal Farmworker Manpower National Advisory Council established by subsection (d), that persons broadly representative of the population to be served have been given an opportunity to participate in the development of programs to be assisted under this part, and will be given an opportunity to participate in the implementation of such programs.

(d) (1) The Secretary shall appoint a Migrant and Seasonal Farmworker Manpower National Advisory Council (referred to in this part as the "Council") which shall consist of—

(A) two individuals, appointed from private life, to represent farmers, who shall be individuals actively engaged in, and whose livelihoods are dependent upon, agriculture, and who employ labor in connection therewith; (B) six individuals, appointed from private life, to represent the migratory and seasonal agricultural workers;

(C) two individuals, appointed from private life, who shall have a demonstrated interest in and knowledge of the problems relating to agricultural labor and who are or have been actively engaged in activities concerned with determining and solving the health, education, housing, social, economic, or welfare problems of the agricultural worker, his family, his employer, and the community in which he works;

(D) two individuals who have had experience as State or local officials and who have first-hand knowledge of the problems of agricultural labor;

and

(E) the Secretary of Labor, the Secretary of Agriculture, the Secretary of Health, Education, and Welfare, the Secretary of the Interior, the Secretary of Housing and Urban Deveolpment, and the Director of the Office of Economic Opportunity who shall be nonvoting members of the Council. (2) The members of the Council shall designate their own Chairman and Vice Chairman. Such Council shall hold not less than twelve meetings during each calendar year.

(3) The Secretary of Labor is authorized to supply to the Council such technical and support personnel from any of the agencies specified in clause (E) of paragraph (1) as he deems necessary, with the consent of the head of the agency concerned.

(e) (1) It shall be the duty of the Council to advise the Congress, the Secretary, and the President with respect to (A) the operation of Federal, State, and local laws, regulations, programs, and policies relating to any and all aspects of agricultural labor, (B) the extent of farmworker participation in the development and implementation of manpower programs authorized by this part and (C) any and all other matters relating to agricultural labor. The Council shall from time to time make recommendations to the Secretary concerning his functions under this section to provide maximum employment and manpower opportunities for migrant and seasonal farmworkers.

(2) It shall also be the duty of the Council to consider, analyze and evaluate periodically the problems relating to agricultural labor in order to devise plans and make recommendations for the establishment of policies and programs designed to meet such problems effectively. In carrying out this subsection, the Council shall consider, among others, the following matters

(A) the effect of existing laws, regulations, programs, and policies on the problems relating to agricultural labor, including the problems of the migratory agricultural worker, his employer, and the local area in which he resides or is employed;

(B) the effect of the open-border policy between Mexico and the United States upon (i) the labor supply, (ii) the living and working conditions in border areas, (iii) the need for American residents along the border to migrate north in search of jobs, and (iv) the entire national farm labor and rural economy,

(C) the efficacy of a nonprofit manpower corporation or other ways to help regularize the employment of farmworkers, particularly seasonal farmworkers, including the provision of employment opportunities in rural areas that complement the seasonal job demands of agriculture;

(D) the effect of farmworkers' substantial exclusion from major social and worker benefit programs, including legislation protecting the right to organize and collectively bargain;

(f) The Council shall study, investigate, conduct research, and prepare a report containing its findings and recommendations concerning matters relating to the purposes of this part, and shall transmit such report to the Secretary, the President and to the Congress no later than October 1 of each year.

MIDDLE-AGED AND OLDER WORKERS MANPOWER PROGRAMS

SEC. 407. (a) It is the purpose of this section to establish and to assist programs which will

(1) afford the middle-aged and older worker a range of real and reasonable opportunities for employment;

(2) eliminate arbitrary discriminatory practices which deny work to qualified persons solely on account of age;

(3) increase the availability of jobs by finding new work opportunities, including part-time employment to supplement income and to facilitate the transition to full retirement or the return to full-time work;

(4) improve and extend existing programs designed to facilitate training and the matching of skills and jobs;

(5) assist middle-aged and older workers, employers, labor unions, and educational institutions to prepare for and adjust to anticipated changes in technology in jobs, in educational requirements, and in personnel practices; and

(6) stimulate innovative approaches to provide increased employment opportunities for middle-aged and older persons.

(b) The Secretary is directed to designate full-time personnel under this part experienced in the manpower problems of middle-aged and older workers to have responsibility for program leadership, development, coordination, and information and to give special attention to the manpower problems of middleaged and older workers and the programs related to middle-aged and older workers.

(c) (1) Funds available for this section shall be expended for programs and activities consistent with the purposes of this section, including but not limited to such programs and activities carried out by eligible applicants under other provisions of this Act.

(2) For the purpose of carrying out this section, the Secretary shall reserve not less than that proportion of the total amounts available for carrying out this Act as is equivalent to that proportion which the total number of heads of house