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1 Non-Federal contributions may be in cash or in kind, fairly

2 evaluated, including, but not limited to, plant, equipment, or 3 services.

5 SEC. 7. (a) The amounts appropriated under section 3 6 of this Act for any fiscal year shall be allocated by the Secretary in such a manner that of such amounts

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(1) not less than 80 per centum shall be apportioned among the States in that proportion which the total number of unemployed persons in each such State 11 bears to such total number of such persons, respectively,

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in the United States, but not less than $1,500,000 shall

be apportioned to any State, except that not less than $1,500,000 shall be apportioned among the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands; and

(2) the remainder shall be available as the Secretary deems appropriate to carry out the purposes of this Act.

(b) The amount apportioned to each State under clause

(1) of subsection (a) shall be apportioned among areas

within each such State in that proportion which the total

number of unemployed persons in each such area bears to such total number of such persons, respectively, in that

State.

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1 (c) As soon as practicable after funds are appropriated

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to carry out this Act for any fiscal year, the Secretary shall

3 publish in the Federal Register the apportionments required

4 by subsections (a) (1) and (b) of this section.

6 SEC. 8. (a) The Secretary shall not provide financial 7 assistance for any program or activity under this Act unless 8 he determines, in accordance with such regulations as he shall prescribe, that—

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(1) the program (A) will result in an increase in employment opportunities over those which would otherwise be available, (B) will not result in the displacement of currently employed workers (including partial displacement such as a reduction in the hours of nonovertime work or wages or employment benefits), (C) will not impair existing contracts for services or result in the substitution of Federal for other funds in connection with work that would otherwise be performed, and (D) will not substitute public service jobs for existing federally assisted jobs;

(2) persons employed in public service jobs under this Act shall be paid wages which shall not be lower than whichever is the highest of (A) the minimum wage which would be applicable to the employee under

the Fair Labor Standards Act of 1938, if section 6(a)

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1 (1) of such Act applied to the participant and if he

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were not exempt under section 13 thereof, (B) the

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State or local minimum wage for the most nearly com

parable covered employment, or (C) the prevailing

rates of pay for persons employed in similar public occupations by the same employer;

(3) all persons employed in public service jobs under this Act will be assured of workmen's compensation, health insurance, unemployment insurance, and other benefits at the same levels and to the same extent as other employees of the employer and to working conditions and promotional opportunities neither more nor less favorable than such other employees enjoy;

(4) the provisions of section 2 (a) (3) of Public Law 89-286 (relating to health and safety conditions) shall apply to such program or activity;

(5) the program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants; and

(6) every participant shall be advised, prior to entering upon employment, of his rights and benefits in connection with such employment.

(b) Consistent with the provisions of this Act, the 24 Secretary shall make financial assistance under this Act avail

25 able in such a manner that, to the extent practicable, public

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1 service employment opportunities will be available on an

2 equitable basis in accordance with the purposes of this Act

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among significant segments of the population of unemployed 4 persons, giving consideration to the relative numbers of 5 unemployed persons in each such segment.

6 (c) Where a labor organization represents employees 7 who are engaged in similar work in the same area to that

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proposed to be performed under any program for which an 9 application is being developed for submission under this Act, 10 such organization shall be notified and afforded a reasonable 11 period of time in which to make comments to the applicant 12 and to the Secretary.

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(d) For programs which provide work and training 14 related to physical improvements, special consideration shall 15 be given to those improvements which will be substantially 16 used by low-income persons and families or which will con17 tribute substantially to amenities or facilities in urban or 18 rural areas having high concentrations or proportions of low19 income persons and families.

20 (c) The Secretary shall prescribe regulations to assure 21 that programs under this Act have adequate internal admin22 istrative controls, accounting requirements, personnel stand23 ards, evaluation procedures, and other policies as may be 24 necessary to promote the effective use of funds.

(f) The Secretary may make such grants, contracts, or