projects, buildings, and works which are federally assisted, which shall include revenues shared, 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 of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-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)).

SEC. 409. (a) As used in this Act, the term "State" means a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands. (b) For purposes of determining shared revenues under section 102 of this Act

(1) the term "labor force" means the civilian labor force as defined and used by the Department of Labor's Bureau of Labor Statistics;

(2) the term "unemployment persons" means those persons who are unemployed as defined and used by the Department of Labor's Bureau of Labor Statistics;

(3) the term "low income persons" means members of households or individuals living separately, whose income does not exceed criteria established by the Secretary, taking into consideration family size, urban-rural and farm-nonfarm differences and other relevant factors;

(4) the term "standard metropolitan statistical area" means those population centers as defined by the Office of Management and Budget; and

(5) the term "labor market area" means a local economic complex as defined by the Secretary, within which workers may normally change their place of work without changing their place of residence.

(c) Where appropriate, the definitions in subsection (b) of this section shall be based on the latest published reports of the Department of Labor and the Office of Management and Budget on the date of enactment of this Act and of each subsequent year. The Secretary may be regulation change or otherwise modify the definitions in subsection (b) of this section in order to reflect any change or modification thereof made subsequent to such date by the Department of Labor or the Office of Management and Budget.

SEC. 410. The effective date of this Act, except as provided in section 305 of this Act, shall be January 1, 1972. Rules, regulations, guidelines, and other published interpretations or orders may be issued by the Secretary at any time after the date of enactment.

[H.R. 11167, 92d Cong., first sess.]

A BILL To assure opportunities for employment and training to unemployed and underemployed 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 be cited as the "Employment and Manpower Act of 1972".

STATEMENT OF PURPOSE

SEC. 2. 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, training, and employment opportunities so that any person may qualify for and obtain employment consistent with his highest potential and capability.

AUTHORIZATION OF APPROPRIATIONS

SEC. 3. (a) There is authorized to be appropriated for carrying out title I of this Act, the sum of $1,500,000,000 for the fiscal year ending June 30, 1973, $1,800,000,000 for the fiscal year ending June 30, 1974, and such sums as may be necessary for the fiscal year ending June 30, 1975, and each of the two succeeding fiscal years.

(b) There is authorized to be appropriated for carrying out title III of this Act, the sum of $1,800,000,000 for the fiscal year ending June 30, 1974, and such sums as may be necessary for the fiscal year ending June 30, 1975, and each of the two succeeding fiscal years.

(c) There is authorized to be appropriated to carry out the provisions of this Act for which no other authorization is provided, the sum of $1,000,000,000 for the fiscal year ending June 30, 1973, $1,200,000,000 for the fiscal year ending June 30, 1974, and such sums as may be necessary for the fiscal year ending June 30, 1975, and each of the two succeeding fiscal years.

USES OF APPROPRIATIONS

SEC. 4. (a) Of the sums appropriated to carry out this Act for the fiscal year ending June 30, 1973, 50 per centum may be used only for carrying out title I of this Act and for each fiscal year thereafter 33 per centum of such sums may be used only for such purpose.

(b) of the sums appropriated to carry out this Act for any fiscal year ending on or after June 30, 1974, 33 per centum may be used only for carrying out title III of this Act.

(c) of the sums appropriated to carry out this Act for the fiscal year ending June 30, 1973, not more than 10 per centum shall be used for the purpose of carrying out title V and for any fiscal year thereafter not more than 7 per centum of such funds shall be used for such purpose.

(d) of the sums appropriated to carry out this Act for any fiscal year, not more than 10 per centum shall be used for grants to vocational education agencies under sections 109 and 403, and 7 per centum of such sums shall be available only for such grants.

TITLE I-COMPREHENSIVE MANPOWER SERVICES

DESCRIPTION OF PROGRAM

SEC. 101. It is the purpose of this title to establish a program to provide comprehensive manpower services throughout the Nation. Such program shall include the development and creation of job opportunities and the training, education, and other services needed to enable individuals to secure and retain employment at their maximum capacity. Comprehensive manpower services include-(1) outreach to make persons aware of the availability of manpower services and persuade them to use such services,

(2) assessment of the individual and his potential in the labor market and referral to appropriate employment, training, or other opportunities, (3) orientation, counseling, and education and institutional training to prepare the individual to enter the labor market or to qualify for more productive job opportunities,

(4) training on the job,

(5) payments or other inducements to public or private employers to expand job opportunities, but no payments to employers organized for profit shall exceed the difference in costs of hiring and training low-income persons and those regularly employed,

(6) services to individuals to enable them to retain employment,

(7) payment of allowances to persons in training for which they receive no remuneration and payment of such allowances for transportation, subsistence, or other expenses incurred in participating in manpower services or employment as are necessary to enable the individual to participate therein,

(8) supportive services to enable individuals to take advantage of employment opportunities, including necessary health and medical services, child care, residential support, assistance in securing bonds, or any other necessary assistance incident to employment, and any other service needed to participate in employment or manpower services,

(9) development of information concerning the labor market and activities, such as job restructuring, to make it more responsive to objectives of the manpower services program.

PRIME SPONSORS

SEC. 102. (a) The Secretary may make financial assistance available to a prime sponsor to enable him to carry out all or a substantial part of a comprehensive manpower program. A prime sponsor shall be

(1) a State; or

(2) a unit of general local government which has a population of fifty thousand or more persons on the basis of the most satisfactory current data 73-737-72-2

available to the Secretary or which does not meet such populaiton criteria and which has the largest population of a unit of general local government in the State; and

(3) any voluntary combination of such units of general local government having a total population of one hundred thousand or more persons on the basis of the most satisfactory current data available to the Secretary; and (4) any unit or voluntary combination of units of general local government, without regard to population, in rural areas designated by the Secretary which have substantial outmigration and high unemployment. (b) (1) A State shall not qualify as a prime sponsor for any geographical area within the jurisdiction of any unit or combination of units of general local government described in paragraph (2), (3), or (4) unless such unit or combination of units has not submitted an approvable comprehensive manpower plan for

such area.

(2) A unit of general local government shall not qualify as a prime sponsor with respect to any area within the jurisdiction of another eligible unit of general local government unless such smaller unit has not submitted an approvable comprehensive manpower plan for such area.

CONDITIONS FOR RECEIPT OF FINANCIAL ASSISTANCE

SEC. 103. The Secretary shall not grant financial assistance to a prime sponsor unless such sponsor

(1) submits a comprehensive manpower plan. in such detail as the Secretary deems necessary, which sets forth a comprehensive manpower program which meets the purpose of this title, including (A) a description of the services to be provided. (B) assurance that such services will be administered by or under the supervision of the prime sponsor, (C) the arrangements with public and private agencies and organizations under which the services will be provided, and (D) a description of the geographical areas to be served under the plan, together with data indicating the number of persons in each such area who are eligible to participate, and their income and employment status.

(2) in the case of a plan submitted by a State, satisfactory arrangements are set forth for serving all geographical areas under its jurisdiction except areas for which a plan submitted by another prime sponsor has been approved and that the State will (A) make the manpower and manpower related services of State agencies reasonably available to local prime sponsors and (B) conduct programs financed under the Wagner-Peyser Act in a manner which will provide effective assistance to individuals participating or eligible to participate in activities carried on under the plan, and (C) provide information and technical assistance to local prime sponsors.

(3) provides (A) appropriate arrangements with community action agencies, and, to the extent appropriate, with other community-based organizations serving the poverty community, for their participation in the conduct of programs included in the plan; (B) provides for utilizing, to the extent appropriate, those services and facilities which are available, with or without reimbursement of the reasonable cost, from Federal, State, and local agencies, including but not limited to the State employment service, State vocational education and vocational rehabilitation agencies, area skills centers, local educational agencies, postsecondary training and education institutions, and community action agencies, but nothing contained herein shall be construed to limit the utilization of services and facilities of private agencies, institutions and organizations (such as private businesses, labor, organizations, private employment agencies, and private educational and vocational institutions) which can, at comparable cost, provide substantially equivalent training or services or otherwise aid in reducing more quickly unemployment or current and prospective manpower shortages; (C) provides arrangements for the conduct of services for which financial assistance is provided under programs administered by the Secretary of Labor relating to manpower and manpower-related services;

(4) provides for paying the allowances required by section 107.

APPROVAL OF PLANS

SEC. 104. (a) The Secretary shall not approve a comprehensive manpower plan until he determines that it meets the requirements of section 103, and that the plan was submitted to, and opportunity to comment thereon provided, the Governor of the State (where the State is not the prime sponsor), each community action agency in the area to be served, and appropriate officials in the units of general local government of the area to be served;

(b) (1) The Secretary shall not finally disapprove any comprehensive manpower plan submitted under this title, or any modifications thereof, without first affording the prime sponsor submitting the plan reasonable notice and opportunity for a hearing.

(2) If the Secretary receives a formal allegation from an affected unit of general local government that a prime sponsor has changed its comprehensive manpower plan so that it no longer complies with section 103 or that in the administration of the plan there is a failure to comply substantially with any such provision or with any requirements of section 605 or 606, he shall, and, if he receives such an allegation from any other interested person, he may, after due notice and opportunity for a hearing to the prime sponsor, determine whether the allegation is true. If he determines such allegations are true, the Secretary shall notify the prime sponsor that no further payments will be made to the prime sponsor under the plan (or, in his discretion, that further payments will be limited to programs under or portions of the plan not affected by such failure), until he is satisfied that there will no longer be any failure to comply. Until he is so satisfied, the Secretary shall make no further payments to such sponsor under the plan (or shall limit payments to programs under the plan not affected by the failure).

JUDICIAL REVIEW

SEC. 105. (a) If any prime sponsor is dissatisfied with the Secretary's final action with respect to the approval of its comprehensive manpower plan submitted under section 103 or with his final action under section 104(a), such prime sponsor may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which the State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code.

(b) The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.

(c) The court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.

FINANCIAL ASSISTANCE TO NONPRIME SPONSORS

SEC. 106. (a) The Secretary may provide financial assistance to public and private (profit and nonprofit) agencies and organizations to provide manpower services to meet the needs of an area which are unmet because

(1) no prime sponsor has submitted an approvable plan to serve the area,

(2) the plan submitted by the prime sponsor omits to provide a service which the Secretary believes to be necessary or desirable, or

(3) the prime sponsor is providing insufficient services to one or more segments of the community.

(b) The Secretary shall provide financial assistance under this section only if

(1) the recipient of such assistance will meet the requirements of section 103 (3) (B) (C) and 103(4), and

(2) the Secretary determines that the particular service can be better and more economically provided by an agency other than the prime sponsor.

ALLOCATION OF FUNDS

SEC. 107. (a) The amounts available for any fiscal year for this title which are not otherwise reserved in accordance with this Act shall be allocated in such a manner that of such amounts

(1) 80 per centum shall be apportioned among the States so that equal proportions are distributed on the basis of the proportion which the total number of persons in the labor force, of unemployed persons, and of persons heading low-income families and unrelated low-income persons, in each such State bears to such total numbers, respectively, in the United States, determined on the basis of the monthly average for the fourth calendar quarter of the fiscal year preceding the year for which the apportionment is made;

and

(2) the remainder shall be available as the Secretary deems appropriate to carry out the purposes of this title, except that where the apportionment under paragraph (1) for a State for a fiscal year is less than $1,500,000 (or $150,000 for the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands) the Secretary shall use the sums available under this paragraph to increase the amount so apportioned to such States to $1,500,000, or $150,000, as the case may be (and the amount so used shall be considered a part of the States' apportionment under paragraph (1)) and shall use the funds remaining to the extent necessary to encourage the formation of voluntary combinations of units of general local government to become prime sponsors under section 102(a) (3) and (4) so as to more effectively carry out the purposes of this Act.

(b) The amount apportioned to each State under clause (1) of subsection (a) shall be further apportioned to prime sponsors qualified under section 102(a) (2), (3), or (4) which have submitted and had approved applications for assistance under this title. The apportionment to each such area shall bear the same ratio to the amount apportioned to the State under clause (1), of subsection (a) as the number of persons in the labor force, of unemployed persons, and of persons heading low-income families and unrelated low-income persons in the area within the jurisdiction of such prime sponsor bears to the number of such persons in the State. Funds remaining after taking the apportionments provided for in the preceding provisions of this subsection shall be apportioned among other areas in the State in an equitable manner. taking into consideration the proportion which the total number of persons in the labor force, of unemployed persons, and of persons heading low-income families and unrelated low-income persons in such area bears to the total number of such persons in the State.

(c) The amount apportioned to any area under subsection (b) for any fiscal year which the Secretary determines will not be required for that area for such fiscal year shall be available for reapportionment from time to time, on such dates during the year as the Secretary may fix, to other areas in the same State in proportion to the original apportionment to such areas under such subsection for such year, but with such proportionate amount for any of such areas being reduced to the extent it exceeds the sum the Secretary determines such area needs and will be able to use for such year; and the total of such reductions shall be similarly reapportioned among areas in the State whose proportionate amounts were not so reduced. Where any of the amount apportioned to a State under paragraph (1) of subsection (a) remains unapportioned to an area in such State after application of this subsection, the Secretary shall reapportion such amounts to areas in other States which he determines will be able to use such amount for such year on such basis as he shall determine.

(d) As soon as practicable after funds are appropriated to carry out this Act for any fiscal year, the Secretary shall publish in the Federal Register the apportionments required by subsections (a) (1) and (b) of this section.

ALLOWANCES AND COMPENSATIONS

SEC. 108. (a) Weekly allowances for individuals receiving services under this title shall be at a rate prescribed by the Secretary which, when added to amounts received by the trainee in the form of wages or unemployment compensation payments, shall equal the minimum wage for a work-week 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. Trainees receiving public assistance or