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thence north on Xorth Capitol Street to Massachusetts Avenne Northwest; thence southeast on Massachusetts Avenue Xoithwest so as to encompass Union Square; thence following Union Square to F Street Northeast; thence east on F Street Northeast to Second Street Northeast; thence south on Second Street Northeast to D Street Northeast; thence west on D Street Northeast to First Street Northeast; thence south on First Street Northeast to Maryland Avenue Northeast; thence generally north and east on Maryland Avenue to Second Street Northeast; thence south on Second Street Northeast to C Street Southeast; thence west on C Street Southeast to New Jersey Avenue Southeast; thence south on New Jersey Avenue Southeast to D Street Southeast; thence west on D Street Southeast to Canal Street Parkway; thence southeast on Canal Street Parkway to E Street Southeast; thence west on E Street Southeast to the intersection of Canal Street Southwest and South Capitol Street; thence northwest on Canal Street Southwest to Second Street Southwest; thence south on Second Street Southwest to Virginia Avenue Southwest; thence generally west on Virginia AA^enue to Third Street Southwest; thence north on Third Street Southwest to C Street Southwest; thence west on C Street Southwest to Sixth Street Southwest; thence north on Sixth Street Southwest to Independence Avenue; thence west on Independence A^•enue to Twelfth Street Southwest; thence south on Twelfth Street Southwest to D Street Southwest; thence west on D Street Southwest to Fourteenth Street Southwest; thence south on Fourteenth Street Southwest to the middle of the Washington Channel; thence generally south and east along the midchannel of the Washington Channel to a point due west of the northern boundary line of Fort Lesley McNair; thence due east to the side of the Washington Channel; thence following gener-ally south and east along the side of the Washington Channel at the mean high water mark, to the point of confluence with the Anacostia River, and along the northern shore at the mean high water mark to the northern most point of the Eleventh Street Bridge; thence generally south and east along the northern side of the Eleventh Street Bridge to the eastern shore of the Anacostia River; thence generally south and west along such shore at the mean high water mark to the point of confluence of the Anacostia and Potomac Rivers; thence generally south along the eastern shore at the mean high water mark of the Potomac River to the point where it meets the present southeastern boundary line of the District of Columbia; thence south and west along such southeastern boundary line

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[87 STAT.

to the point where it meets the present Virginia-District of Columbia boundary; thence generally north and west up the Potomac River along the Virginia-District of Columbia boundary to the point of beginning. (B) Where the area in paragraph (1) is bounded by any street, such street, and any sidewalk thereof, shall be included within such area. (2) Any Federal real property affronting or abutting, as of the date of the enactment of this Act, the area described in paragraph (1) shall be deemed to be within such area. (3) For the purposes of paragraph (2), Federal real property affronting or abutting such area described in paragraph (1) shall— (A) be deemed to include, but not limited to. Fort Lesley McNair, the Washington Navy Yard, the Anacostia Naval Annex, the United States Naval Station, Boiling Air Force Base, and the Naval Research Laboratory; and (B) not be construed to include any area situated outside of the District of Columbia boundary as it existed immediately prior to the date of the enactment of this Act, nor be construed to include any portion of the Anacostia P a r k situated east of the northern side of the Eleventh Street Bridge, or any portion of the Rock Creek Park. Presidential (g)(1) Subject to the provisions of paragraph (2) of this subsec^""•"^y" tion, the President is authorized and directed to conduct a survey of the area described in this section in order to establish the proper metes ti(^^^furn '^^^'^"^* and bounds of such area, and to file, in such manner and at such place as he may designate, a map and a legal description of such area, and such description and map shall have the same force and effect as if included in this Act, except that corrections of clerical, typographical and other errors in any such legal descriptions and map may be made. In conducting such survey, the President shall make such adjustments as may be necessary in order to exclude from the National Capital Service Area any privately owned properties, and buildings and adjacent parking facilities owned by the District of Columbia government. (2) I n carrying out the provisions of paragraph (1) of this subsection, the President shall, to the extent that such survey, legal description, and map involves areas comprising the United States Capitol Buildings and Grounds as defined in sections 1 and 16 of the g^6oStat.^7^i8; ^^^t of July 31, 1946, as amended (40 U.S.C. 193a and 193m), and D.c. Code other buildings and grounds under the care of the Architect of the 9-118, 9-132. Clapitol, consult with the Architect of the Capitol. (3) Section 1 of the Act of July 31, 1946, as amended by the Act of October 20, 1967 (60 Stat. 718; 81 Stat. 275; 40 U.S.C. 193a), is hereby amended to include within the definition of the United States Capitol Grounds, the following streets: "Independence Avenue from the west curb of Fiist Street S.E. to the east curb of First Street S.W., New Jersey Avenue S.E. from the south curb of Independence Avenue to the noilh curb of D Street S.E., South Capitol Street from the south curb of Independence Avenue to the north curb of D Street; Delaware Avenue S.W. from the south curb of C Street S.W. to the north curb of D Street S.W., C Street from the west curb of First Street S.E. to the intersection of First and Canal Streets, S.W., D Street from the west curb of First Street S.E. to the intersection of Canal Street and Dehnvare Avenue S.W., that part of First Street Iving west of the outer face of the curb of the sidewalk on the east side thereof from I) Street. N.E. to D Street S.E., that part of First Street within the east and west curblines thereof extending from the north side of Pennsyhania Avenue N.W. to the intersection of C Street an«l Canal Stieet S.W.. includina: the two circles within such area.

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829

Nothing in this.section shall be construed as repealing, or otherwise altering, modifying, atfecting, or superseding those provisions of law in effect on the date immediately preceding the effective date of title IV of this Act vesting authority in the United States Supreme Court police and Library of Congress police to make arrests in adjacent streets, including First Street N.E. and First Street S.E."'. (4) Section 9 of the Act of July 81, 1946, as amended (40 U.S.C. 212a), is amended by deleting "or of any State," and inserting in lieu 60 Stat. 719. D.C. Cod« thereof a comma and the following: "of the District of Columbia, or Q-Tie of any State,". (5) Section 9 of such Act is further amended by deleting the following: ", with the exception of the streets and roadways shown on the map referred to in section 1 of this Act as being under the jurisdic- ^^y^^ ^-'^^ D.C. tion and control of the Commissioners of the District of Columbia.". -118. Code (6) Section 14(a) of the Act of July 31, 1946, as amended (40 U.S.C. 212b), is amended by deleting: '', except on those streets and 8460 Stat. 720; Stat. 570. roadways shown on the map referred to in section 1 of this Act as D.C. code being under the jurisdiction and control of the Commissioners of the 9-i3i. District of Columbia". (7) Section 1 of the Act of July 31, 1946, as amended (40 U.S.C. 193a), is amended by deleting ": Provided, That those streets and roadways in said Ignited States Capitol Grounds shown on said map as being under the jurisdiction and control of the Commissioners of the District of Columbia shall continue under such jurisdiction and control, and said Commissioners shall be responsible for the maintenance and improvement thereof: Provided further,'' and inserting in lieu thereof a comma and the following: "including those streets and roadways in said United States Capitol Grounds as shown on said map as being under \\\& jurisdiction and control of the Commissioners of the District of (/'olumbia, except that the Commissioner of the District of Columbia shall be responsible for the maintenance and improvement of those portins of the following streets which are situated between the curblines thereof: Constitution Avenue from First Street X.K. to Second Street X.W., First Street from D Street N.Pl to D Stieet S.E., 1) Street from First Street S.E. to Canal Street S.W., and First Sti-eet from the north side of Louisiana Avenue to the intersection of C Street and Canal Stieet S.W.: ProvkJed^\ (8) Section 9 of the Act of August 18. 1949, as amended (40 TJ.S.C. 13n), is amended by deleting "or of any State" and inserting in lieu es Stat. eiv. thereof a comma and the following: "any law of the District of Columbia, or of any State,". (9) Section 9 of the Act of August 4, 1950, as amended (2 U.S.C. 167h), is amended by deleting "or of any State" and inserting in lieu 64 Stat. 412. thereof a comma and the following: "any law of the District of Cohmibia, or of any State,". (h)(1) Except to \\\<i^ ^^i^wi specifically provided by the provisions of this section, and amendments made by this section, nothing in this section shall be applicable to ih^ United States Capitol Buildings and Giounds as defined in sections 1 and 16 of the Act of July 31, 1946, as amended (40 U.S.C. 193a. 193m), or to any other buildings and eo Stat. 71s; grounds under the care of the Architect of the Capitol, the United ^^D^c^.'code' States Supreme Court Building and Grounds as defined in section 11 9-118, 9-132. of the Act of August 18. 1949, as amended (40 U.S.C. 13p), and the 63 Stat. 617. Librarv of Congress Buildings and Grounds as defined in section 11 of the Act of August 4, 1950, as amended (2 U.S.C. 167j), and except 84^stft'^3*oV^' to the extent herein specifically provided, including amendments made by this section, nothing in this section shall be construed to repeal, amend, alter, modify, or supersede any provision of the Act of July 31, 1946, as amended (40 TJ.S.C. 193a et seq.), or any other of the general

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Services and abuity.^^' ^^^'

U.S. laws, ap plicability.

PUBLIC LAW 93-198-DEC. 24, 1973

laws of the United States or any of the laws enacted by the Congress and applicable exclusively to the District of Columbia, or any rule or regulation promulgated pursuant thereto, in effect on the date immediately preceding the effective date of title IV of this Act pertaining to said buildings and grounds, or any existing authority, with respect to such buildings and grounds, vested by law, or otherwise, on such date immediately preceding such effective date, in the Senate, the House of Representatives, the Congress, or any committee or commission or board thereof, the Architect of the Capitol, or any other officer of the legislative branch, the Chief Justice of the United States, the Marshal of the Supreme Court of the Linited States, or the I-ibrarian of Congress. ^2) Notwithstanding the foregoing provision of this section, any of the services and facilities authorized by this Act to be rendered or furnished (including maintenance of streets and highways, and services under section 731 of this Act) shall, as far as practicable, be made available to the Senate, the House of Representatives, the Congress, or any committee or commission or board thereof, the Architect of the Capitol, or any other officer of the legislative branch vested by law or otherwise on such date immediately preceding the effective date of title IV of this Act with authority over such buildings and grounds, the Chief Justice of the United States, the Marshal of the Supreme Court of the United States, and the Librarian of Congress, upon their request, and, if payment would be required for the rendition or furnishing of a similar service or facility to any other Federal agency, payment therefor shall be made by the recipient thereof, upon presentation of proper vouchers, in advance or by reimbursement (as may be agreed upon by the parties rendering and receiving such services). (i) Except to the extent otherwise specifically provided in the provisions of this section, and amendments made by this section, all general laws of the Ignited States and all laws enacted by the Congress and applicable exclusively to the District of Columbia, including regulations and rules promulgated pursuant thereto, in effect on the date immediately preceding the effective date of title IV of this Act and which, on such date immediately preceding the effective date of such title, are applicable to and within the areas included within the National Capital Service Area pursuant to this section shall, on and after such effective date, continue to be applicable to and within such National Capital Service Area in the same manner and to the same extent as if this section had not been enacted, and shall remain so applicable until such time as they are repealed, amended, altered, modified, or superseded, and such laws, regulations and rules shall thereafter be applicable to and within such area in the manner and to the extent so pro\ided by any such amendment, alteration, or modification. (j) In no case shall any person be denied the right to vote or otherwise participate in any manner in any election in the District of Columbia solely because such person resides within the National Capital Service Area. KlVrKROEXCY CONTROL OF

Limitation.

[87 STAT.

POLICE

SEC. 740. (a) Notwithstanding any other provision of law, whenover the I'resident of the United States determines that special conditions of an emergency nature exist which require the use of the Metropolitan Police force for Federal purposes, he may direct the Mayor to pi-ovide him, and the Mayor shall provide, such services of the Metropolitan Police force as the President may deem necessary .l^^^\ appropriato. In no case, however, shall such services made avail-

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PUBLIC LAW 93-198-DEC. 24, 1973

able pureuaiit to any such direction under this subsection extend for a period in excess of forty-eight hours unless the President has, prior to the expiration of such period, notified the Chairman and ranking minority Members of the Committees on the District of Columbia of the Senate and the House of Representatives, in writing, as to the reason for such direction and the period of time during which the need for such services is likely to continue. (b) Subject to the provisions of subsection (c) of this section, such services made available in accordance with subsection (a) of this section shall terminate upon the end of such emergency, the expiration of a period of thirty days following the date oh which such services are first made available, or the adoption of a resolution by either the Senate or the House of Representatives providing for such termination, whichever first occurs. (c) Notwithstanding the foregoing provisions of this section, in any case in which such services are made available in accordance with the provisions of subsection (a) of this section during any period of an adjournment of the Congress sine die, such services shall terminate upon the end of the emergency, the expiration of the thirty-day period following the date on which Congress first convenes following such adjournment, or the adoption of a resolution by either the Senate or the House of Representatives providing for such termination, whichever first occurs, (d) Except to the extent provided for in subsection (c) of this section, no such services made available pursuant to the direction of the President pursuant to subsection (a) of this section shall extend for any period in excess of thirty days, unless the Senate and the House of Representatives approve a concurrent resolution authorizing such an extension. HOLDING OFFICE IN THE DISTRICT

SEC. 741. Notwithstanding any other provision of law, no person who is otherwise qualified to hold the office of Chairman or member of the Council or Mayor shall be disqualified from being a candidate for such office by reason of his employment in the competitive or excepted service of the United States. For the purposes of this section, a person shall be deemed to be a candidate on and after the date he qualifies under applicable provisions of law in the District to have his name placed on the ballot in either a primary or general election for the office for which he is a candidate. Such candidacy shall terminate— (1) with respect to a person who has been defeated in a primary election held to nominate candidates for the office for which he is a candidate, on the day of such primary elex'tion; (2) with respect to a person who is defeated in the general election held for the office for which he is a candidate, on the date of such general election; and (3) with respect to a person who is elected in the general election held for the office for which he is a candidate, on the date such person assumes such office. OPEN MEETINGS

SEC. 742. (a) All meetings (including hearings) of any department, agency, board, or commission of the District government, including meetings of the District Council, at which official action of any kind is taken shall be open to the public. No resolution, rule, act, regulation or other official action shall be effective unless taken, made, or enacted at such meeting.

831

Notification requirement.

Termination.

Extension.

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Written transcript, availability.

[87

STAT.

(b) A written transcript or a transcription shall be kept for all such meetings and shall be made available to the public during normal business hours of the District government. Copies of such written transcripts or copies of such transcriptions shall be available upon request to the public at reasonable cost. TERMINA'J'ION O F THE DISTRICT'S AUTHORITY TO BORROW FROM THE TREASURY

Loan payment obligation.

SEC. 743. (a) The first section of the Act entitled "An Act to authorize the Commissioners of the District of Columbia to borrow funds for capital improvement programs and to amend provisions of law relating to Federal Government participation in meeting costs of maintaining the Nation's Capital City", approved June 6, 1958 (72 Stat. 183; D.C. Code, sec. 9-220), is amended by striking out subsections (b), (c), (d), and (e). (b) The x\^ct entitled "An Act authorizing loans from the United States Treasury for the expansion of the District of Columbia water system", approved June 2, 1950 (60 Stat. 195; D.C. Code, sec. 43-1540), is repealed. (c) Title II of the Act entitled "An Act to authorize the financing of a program of public works construction for the District of Columbia, and for other purposes", approved May 18, 1954 (68 Stat. 108), is amended by striking out sections 213, 214, 216, 217, and 218 (D.C. Code, sections 43-1612, 43-1613, 43-1615, 43-1616, and 43-1617), authorizing loans from the United States Treasury for sanitary and combined sewer systems of the District. (d) Section 402 of title IV of such Act approved May 18, 1954 (68 Stat. 110; D.C. Code, sec. 7-133), authorizing loans from the United States Treasury for the District of Columbia highway construction program, is repealed. (e) Nothing contained in this section shall be deemed to relieve the District of its obligation to repay any loan made to it under the authority of the Acts specified in the preceding subsections, nor to preclude the District from using the unexpended balance of any such loan appropriated to the District prior to the effective date of this provision, nor to prevent the District from fulfilling the provisions of section 722. PART E — AMENDMENTS TO THE DISTRICT OF COLUMBIA ELECTION ACT AMENDMENTS

69 Stat. 699; J5 Stat. 788.

Ante,

p. 311.

Definitions.

SEC. 751. The District of Columbia Election Act (D.C. Code, sees. 1 1101—1-1115) is amended as follows: (1) The first section of such Act (D.C. Code, sec. 1-1101) is amended by inserting immediately after "Board of Education,", the following: '*the members of the Council of the District of Columbia, the Mayor". (2) Section 2 of such Act (D.C. Code, sec. 1-1102) is amended by adding at the end thereof the following new paragraphs: "(8) The term 'Council' or 'Council of the District of Columbia' means the Council of the District of Columbia established pursuant to the District of Columbia Self-Government and Governmental Reorganization Act. "(9) The term 'Mayor' means the office of Mayor of the District of Oihnnbia established pursuant to the District of Columbia SelfGovernniiMit and Go\ernmental Reorganization Act."

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833

(3) Subsections (h), (i), (j), and (k) of section 8 of such Act (D.C. Code, sec. 1-1108) are amended to read as follows: ^ ss^stf rV/o*^' " (h)(1)(A) The Delegate, Mayor, Chairman of the District Coun- Ante^p. 312', 313. oil and the four at-large members of the Council shall be elected by jj^limln* o'f'^he°'' the registered qualified electors of the District of Columbia in a gen- Dirtri'^t'councu eral election. Each candidate for the office of Delegate, Mayor, Chair- and at-iarge memman of the District Council, and at-large members of the Council in ^^"' election,, any general election shall, except as otherwise provided in subsection (j) of this section and section 10(d), have been elected by the regis- g^l^ll^*^^^°^' tered qualified electors of the District as such candidate by the next D.c.'code' preceding primary election. 1-1110. " (B)(i) A member of the office of Council (other than the Chairman and any member elected at large) shall be elected in a general election by the registered qualified electors of the respective ward of the District from which the individual seeking such office was elected as a candidate for such office as provided in clause (ii) of this paragraph. "(ii) Each candidate for the office of member of the Council (other than Chairman and at-large members) shall, except as otherwise provided in subsection (j) of this section and section 10(d), have been elected as such a candidate, by the registered qualified electors of the ward of the District from which such individual was nominated, at the next preceding primary election to fill such office within that ward. "(2) The nomination and election of any individual to the office of Delegate, Mayor, Chairman of the Council and member of the Council shall be governed by the provisions of this Act. No political party Restrictions. shall be qualified to hold a primary election to select candidates for election to any such office in a general election unless, in the next preceding election year, at least seven thousand five hundred votes were cast in the general election for a candidate of such party for any such office or for its candidates for electors of President and Vice President. " (i)(1) Each individual in a primary election for candidate for the „Jj'°t"^^''°" office of Delegate, Mayor, Chairman of the Council, or at-large mem- petition. ber of the Council shall be nominated for any such office by a petition (A) filed with the Board not later than sixty days before the date of such primary election, and (B) signed by at least two thousand registered qualified electors of the same political party as the nominee, or by 1 per centum of the duly registered members of such political party, whichever is less, as shown by the records of the Board of Elections as of the one hundred fourteenth day before the date of such election. "(2) Each individual in a primary election for candidate for the office of member of the Council (other than the Chairman and at-large members) shall be nominated for such office by a petition (A) filed with the Board not later than sixty days before the date of such primary election, and (B) signed by at least two hundred and fifty persons in the ward from which such individual seeks election who are 700; duly registered in such ward under section 7 of this Act, and who are _ 69 Stat.^^ 7 9 5. _^^^ 790, 85 Stat. of the same political party as the nominee. ""D"C.'co'de' "(3) A nominating petition for a candidate in a primary election ^-^o^. for any such office may not be circulated for signature before the one lation^. ^°"' ''"^'^' hundred fourteenth day preceding the date of such election and may not be filed with the Board before the eighty-fifth day preceding such date. The Board may prescribe rules with respect to the preparation and presentation of nominating petitions. The Board shall arrange the ballot of each political party in each such primary election as to enable a voter of such party to vote for nominated candidates of that party. "(j)(1) A duly qualified candidate for the office of Delegate, Mayor, Chairman of the Council, or member of the Council may, subject to

22-150 O - 75 - 55

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69 Stat. 700; D.c^. Code 1-1107.

69 Stat. 702. l* ^ ^ ^ f ^^* " ^ * ^* ' D C

Code

1-1 i 10.

D^c.'^code^* 1-1110. tion dates. ZTf/L^^^'^'

[87 STAT.

the provisions of this subsection, be nominated directly as such a candidate for election for such office (including any such election to b e held to fill a vacancy). Such person shall be nominated by petition (A) filed with the Board not less than sixty days before the date of such general election, and (B) in the case of a person who is a candidate for the office of member of the Council (other than the Chairman or an at-large member), signed by five hundred voters who are duly registered under section 7 in the ward from which the candidate seeks election; and in the case of a person who is a candidate for the office of Delegate, Mayor, Chairman of the Council, or at-large member of the Council, signed by duly registered voters equal in number to l^^ per centum of the total number of registered voters in the District, as shown by the records of the Board as of one hundred fourteen days before the date of such election, or by three thousand persons duly registered under section 7, whichever is less. No signatures on such a petition may be counted which have been made on such petition more than one hundred fourteen days before the date of such election. ''(2) Nominations under this subsection for candidates for election in a general election to any office referred to in paragraph (1) shall be of no force and eifect with respect to any person whose name has appeared on the l)allot of a primary election for that office held within eight months before the date of such general election. '"(k)(1) In each general election for the office of member of the Council (other than the office of the Chairman or an at-large member) the Board shall arrange the ballots in each ward to enable a voter registered in that ward to vote for any one candidate who (A) has been duly elected by any political party in the next preceding primary election for such office from such ward, (B) has been duly nominated to fill a vacancy in such office in such ward pursuant to sec{[QJJ 10(d), or (C) lias been nominated directly as a candidate for such office in such ward under subsection (i) of this section. •

>J /

" (2) I n each general election for the office of Chairman and member of the Council at hirge, the Board shall arrange the ballots to enable a registered qualified elector to vote for as many candidates for election as members at large as there are members at large to be elected in such election, including the Chairman. Such candidates shall be only those persons who (A) have been duly elected by any political party in the next preceding primary election for such office, (B) have been duly nominated to fill vacancies in such office pursuant to section 10(d), or (C) have been nominated directly as a candidate under subsection (j) of this section. '•(B) In each general election for the office of Delegate and Mayor, the Board shall arrange the ballots to enable a registered qualified elector to vote for any one of the candidates for any such office who (X) has been duly elected by any political party in the next preceding primary election for such office, (B) has been duly nominated to fill a vacancy in such office pursuant to section 10(d), or (C) has been nominated directly as a candidate under subsection (j) of this section.". (4) Paragraph (8) of section 10(a) of such Act (D.C. Code, sec. 1-1110) is amended (1) by inserting " (A) " immediately before the word "Except", and (2) by adding at the end thereof the following: "(I^) Except as otherwise provided in the case of special elections under this Act pi-imary elections of each political party for the office of member of the Council shall be held on the first Tuesday after the second Monday in September in 1974, and every second year thereafter, and general election for such offices shall be held on the first Tuesday' after the first Monday in November in 1974 and every second year thereafter.

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835

''(C) P^xcept as otherwise provided in the case of a special election under this Act, primary elections of each political party for the office of Mayor and Chairman shall be held on the first Tuesday after the second Vfonday in September of every fourth year, commencing with calendar year 1974, and the general election for such office shall be held on the first Tuesday after the first Monday in November in 1974 and every fourth year thereafter.", (5) Paragraphs (6), (7), (8), and (9) of section 10(a) of such Act R^P^^I^(l).(^. Code, sec. 1-1110) are repealed, and paragraphs (4) and (5) of 69 Stat. 702; such section 10(a) are amended to read as follows: ^'^ ^'^ ^^°' •' (4) With respect to special elections required or authorized by this ^^^^^^'^^ ^^'"'" Act, the Board may establish the dates on which such special elections are to be held and prescribe such other terms and conditions as may, in the Board's opinion, be necessary or appropriate for the conduct of such elections in a manner comparable to that prescribed for other elections held pursuant to this Act. •' (5) General elections for members of the Board of Education shall t i oGeneral e l e c ns. be held on the first Tuesday after the first Monday in Xo^•ember of each odd-numbered calendar year. (6) Section 10(b) of such Act (D.C. Code, sec. 1-1110) is amended by striking out '"other than general elections for the Office of Delegate and for members of the Board of Education.". (7) Section 10(c) of such Act (D.C. Code, sec. 1-1110) is amended by striking out the words "other than an election for members of the Board of Education". (8) Section 10(d) of such Act (D.C. Code, sec. 1-1110) is amended to read as follows: " (d) In the event that any official, other than the Delegate, Mayor, succession. member of the Council. member of the Board of Education, or a winnei* of a primary election for the office of Delegate, Mayor, or member of the Council, elected pursuant to this Act dies, resigns. or becomes unable to serve during his or her term of office leaving no person elected pursuant to this Act to serve the remainder of the unexpired term of office, the successor or successors to serve the remainder of such term shall be chosen pursuant to the rules of the duly authorized party committee, except that such successor shall have the qualifications recjuired by this Act for such office. In the event that such a vacancy vacancies. occurs in the office of a candidate for the office of Delegate, Mayor, or member of the Council who has been declared the winner in the preceding primary election of such office, the vacancy may be filled not later than fifteen days prior to the next general election for such office, by nomination by the party committee of the party which nominated his predecessor. I n the e\ent that such a vacancy occurs in the office of Delegate more than eight months before the expiration of its term of office, the I^oard shall call special elections to fill such vacancy for the remainder of its term of office." (9) The first sentence of section 15 of such Act (D.C. Code, sec. 1-1115) is amended to read as follows: "No person shall be a candi- §2 Stat. 106 date for more than one office on the Board of Education or the Council in any election for members of the Board of Education or Council, and no person shall be a candidate for more than one office on the Council in any primary election." (10) Section 15 of such Act (D.C. Code, sec. 1-1115) is further amended (1) by designating the existing text of such section as subsection (a), ajid (2) by adding at the end thereof the following new subsection: " (b) No person who is holding the office of Mayor, Delegate, Chairman or member of the Council, or member of the School Board shall, while holding such office, be eligible as a candidate for any other of

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PUBLIC LAW 93-199-DEC. 26, 1973

[87 STAT.

such offices in any primary or general election, unless the term of the office which he so holds expires on or prior to the date on which he would be eligible, if elected in such primary or general election, to take the office with respect to which such election is held." DISTRICT C O U N C I L AUTHORITY OVER ELECTIONS

SEC. 752. Notwithstanding any other provision of this Act or of any other law, the Council shall have authority to enact any act or resolution with respect to matters involving or relating to elections in the District. PART F — RULES OF CONSTRUCTION CONSTRUCTION

SEC. 761. To the extent that any provisions of this Act are inconsistent with the provisions of any other laws the provisions of this Act shall prevail and shall be deemed to supersede the provisions of such laws. PART G—^EFFECTIVE DATES EFFECTIVE DATES

SEC. 771. (a) Titles I and V, and parts A and G, and section 722, of title VII shall take effect on the date of enactment of this Act. (b) Title II shall take effect on July 1, 1974, except that any provision thereof which in effect transfers authority to appoint any citizen member of the National Capital Planning Commission or the District of Columbia Redevelopment Land Agency shall take effect on January 2, 1975. (c) Titles III and IV shall take effect January 2, 1975, if title IV is accepted by a majority of the registered qualified electors in the District of Columbia voting on the charter issue in the charter referendum. (d) Title VI and parts B, D, and F, and sections 721 and 723, of title VII shall take effect only if and upon the date that title IV becomes effective. (e) Part E of title VII shall take effect on the date on which title IV is accepted by a majority of the registered qualified electors in the District voting on the charter issue in the charter referendum. Approved December 24, 1973. Public Law 93-199 December 26, 1973

[H. R. 11088]

_ Emergency ecurity ssis a n c e Act of 1973.

AN

ACT

IJIQ provide emergency security assistance authorizations for Israel and Cambodia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may ^^ cltcd as the "Emergency Security Assistance Act of 1973". SEC. 2. I n addition to such amounts as may be otherwise authorized to be appropriated to the President for security assistance for the fiscal year 1974, there are hereby authorized to be appropriated to the

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 87 STAT. ]

PUBLIC LAW 93-199-DEC. 26, 1973

President not to exceed $2,200,000,000 for emergency military assistance or foreign military sales credits, or for both as the President may determine, for Israel, of which sum amounts in excess of $1,500,000,000 may be used pursuant to this section or section 4 of this Act only if the President (1) determines it to be important to our national interest that Israel receive assistance hereunder exceeding $1,500,000,000, and (2) reports to Congress each such determination (if more than one) at least twenty days prior to date on which funds are obligated or expended under this Act in excess of such $1,500,000,000 limitation. The twenty-day requirement contained in the preceding sentence shall not apply if hostilities are renewed in the Middle East. The President shall include in his report the amount of funds to be used pursuant to the determination, the terms of the additional assistance under section 2 or section 4, and the justification for the determination. All information contained in the justification shall be public information except to the extent that the President concludes that publication would be incompatible with the security interests of the United States. SEC. 3. Military assistance furnished out of funds appropriated under section 2 of this Act shall be furnished in accordance with all of the provisions applicable to military assistance under the Foreign Assistance Act of 1961 (75 Stat. 424; Public Law 87-195), as amended. Foreign military sales credits extended to Israel out of such funds shall b3 provided on such terms and conditions as the President may determine and without regard to the provisions of the Foreign Military Sales Act (82 Stat. 1320; Public Law 90-629), as amended. SEC. 4. At any time prior to June 30, 1974, the President is hereby authorized, within the limits of funds appropriated under section 2 of this Act for Israel, to release Israel from its contractual liability to pay for defense articles and defense services purchased or financed under the said Foreiijn Military Sales Act or under this Act during the period beginning October 6, 1973, and ending June 30, 1974, and such funds shall be used to reimburse current applicable appropriations, funds, and accounts of the Department of Defense for the value of such defense articles and defense services. SEC. 5. The Secretary of Defense shall conduct a study of the 1973 Arab-Israeli conflict to ascertain the effectiveness of the foreign military assistance program as it relates to the Middle East conflict, including weapons that the United States is providing to Israel through foreign assistance programs, and to compare them to the effectiveness of the weapons which the Soviet Union is providing to the Arab States. In conducting such study and submitting such report, the Secretary shall take care not to disclose, directly or indirectly, intelligence sources or methods or confidential information received from any other nation. A report of the conclusions of such study shall be submitted to the Congress as soon as practical and in any case not later than December 31, 1974. SEC. 6. Of the funds appropriated i^ursuant to section 2, the President may use such sums as may be necessary from time to time for payment by the United States of its share of the expenses of the United Nations Emergency Force in the Middle East, as apportioned by the United Nations in accordance with article 17 of the United Nations Charter. Approved December 26, 1973.

837

P u b l i c information.

22 USC 2151

J.l^^^ ^^^^ contractual ^^^^"5^'' °^ ^^'"^^i*

^^^a Arab^sYudy! conflict,

Report to °"^'"^^^*

59 Stat. 1039.

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Page:United States Statutes at Large Volume 87.djvu/870

 838

PUBLIC LAW 93-200-DEC. 27, 1973

[87 STAT.

Public Law 93-200 December 27, 1973

[H. R. 3490]

AN

ACT

rp^ amend section 40b of the Bankruptcy Act (11 U.S.C. 68(b)) to remove the restriction on change of salary of full-time referees.

Be it enacted by the Senate and House of Representatives of the Bankruptcy. United Sttttes of America in Congi^ess assembled, That subdivision b ries^ ^''^^^' ^^^^' of section 40 of the Bankruptcy Act (11 U.S.C. 68(b)) is amended to 60 Stat. 326. read as follows: "b. The conference, in the light of the recommendations of the councils, made after advising with the district judges of their respective circuits, and of the Director, may increase or decrease any salary, within the limits prescribed in subdivision a of this section, if there has been a material increase or decrease in the volume of business or other change in the factors which may be considered material in fixing salaries: Provided, however, That during the tenure of any full-time referee his salary shall not be reduced below that at which he was originally appointed under this amendatory Act, and during any term of any such referee his salary shall not be reduced below the salary fixed for him at the beginning of that term." Approved December 27, 1973. Public Law 93-201 December 27, 1973

^^- ^^^'^^

Water c a r r i e r s. Bulk commodities.

84 Stat. 1587.

46 USC 848^' Repeal. 49 USC 903

AN

ACT

AN

ACT

To amend section 303(b) of the Interstate Commerce Act to remove certain restrictions upon the application and scope of the exemption provided therein, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 303(b) of the Interstate Commerce Act, as amended (49 U.S.C. 903(b)), is amended to read as follows: "(b) Nothing in this part shall apply to the transportation by a water carrier of commodities in bulk. This subsection shall apply only in the case of commodities in bulk which are (in accordance with the existing custom of the trade in the handling and transportation of such commodities as of June 1, 1939) loaded and carried without wrappers or containers and received and delivered by the carrier without transportation mark or count. This subsection shall not apply to transportation subject, at the time this part takes effect, to the provisions "^ ^^^^ Intercoastal Shipping Act, 1933, as amended.". SFX. 2. Sectlous 2 and 3 of the Act of December 28, 1970 (84 Stat. 1587), are hereby repealed. Approved December 27, 1973. Public Law 93-202

December 28, 1973

[H. R. 11441]

Fee'^s^cheduie 81 Stat. 698; ^^42 USC^^2809

rpQ postpone the implementation of the Headstart fee schedule. Be it enacted by the Senate and House of Representatives of the United States of Amei'^lca in Congress assembled, That the last sentence ^^ section 222(a)(1) of the Ecoiiomic Opportunity Act of 1964 is amended to read as follows: "The Secretary shall defer the implementation of a fee schedule established under this paragraph until July 1, Approved December 28, 1973.

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Page:United States Statutes at Large Volume 87.djvu/871

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PUBLIC LAW 93-203-DEC. 28, 1973

839

Public Law 93-203 AN ACT

December 28, 1973

To assure opportunities for employment and training to unemployed and underemployed persons.

^^- ^^^9]

Be it enacted by the /Senate and House of Representatives of the Comprehensive United States of America in Congress assewhled. That this Act may be ^^°^^y^^^^_ ^^^ cited as the "Compreliensive Employment and Ti-aining Act of 1973". Training Act of 1973. STATEMENT OF PURPOSE

SEC. 2. It is the purpose of this Act to provide job trainino- and employment opportunities for economically disadvanta*>e(l, unemployed, and underemployed persons, and to assure that training- and other services lead to maximum employment opportunities and enhance self-sufficiency by establishing a flexible and decentralized system of Federal, State, and local programs. TKAXSrnOXAL

PROVISIONS

SEC. 3. (a) To the extent necessary to provide for the orderly transition of supporting job training programs, and to provide continued financial assistance for such programs, prior to July 1, 1974, the Secretary is authorized to provide financial assistance in the same manner and on the same conditions as provided in the Manpower Development Stat. 23. and Training Act of 1962, as in eifect prior to June 30, 1973, title I 76 USC 2571 42 of the Economic Opportunity Act of 1964, and the Emergency no^e Employment Act of 1971, as in effect prior to June 30, 1973, from ^s Stat. sos. - C I

• X 1

X. L

..1 •

A:

42 USC 2701

lunds appropriated pursuant to tins Act. note. (b) The authority contained in this section shall not be construed ss Stat. i46. to postpone or impede the prompt designation of prime sponsors and note.^^*^ " ^ ^ the implementation of othei" provisions of this Act. (c) Notwithstanding any other pi-ovision of this Act other than the provisions of section 4(d)(1), the Secretary is author-ized from appropriations available under- this Act for fiscal year 1974 to provide financial assistance for the program described in section 304(a)(3) ^°^^' P- ^^^• during the period June 1, 1974, through October 1, 1974, in the same manner and on the same conditions as provided pursuant to the Manpower Development and Training Act of 1962, as in effect prior to June 30, 1973, and title I of the Economic Opportunity Act of 1964, as in effect prior to repeal by this Act. AUTHORIZATION

OF

APPROPRIATIONS

SEC. 4. (a) There are authorized to be appropriated such sums as may be necessary for the fiscal year ending June 30, 1974, and for each of the three succeeding fiscal years for carrying out the provisions of this Act. (b) Notwithstanding any other provision of law, unless enacted in specific limitation of the provisions of this subsection, any funds appropriated to cari-y out this Act which are not obligated prior to the end of the fiscal year for which such funds were appr-opriated shall remain available for obligation during the succeeding fiscal year, and any funds obligated in any fiscal year may be expended during a period of two years from the date of obligation. (c)(1) For the purpose of affording adequate notice of funding available under this Act, appropriations under this Act are authorized to be included in an appropriation Act for the fiscal year preceding the fiscal year for which they are available for obligation. (2) Ixi order to effect a transition to the advance funding method

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Posf, pp. 859,

PUBLIC LAW 93-203-DEC. 28, 1973

[87 STAT.

of timing appropriation nction, the piovif^ioiis of this subsection shall apply notwithstanding that its initial application will result in the enactment in the same year (whether in the same appropriation Act or otherwise) of two separate appropriations, one for the then current fiscal year and one for the snceeeding fiscal year, (d)(1) Of the amounts appropriated to carry out this Act, the Secretary shall reserve and make available not less than $250,000,000 in the fiscal year ending June 30, 19T-1-, and not less than $350,000,000 in the fiscal year ending June 30, 1975, to carry out public service employment programs under title II. (2) In addition to the amounts reserved under paragraph (1) of this subsection, there are authorized to be appropriated and made available for the fiscal years ending June 30, 1974, and June 30, 1975, such sums as may be necessary to carry out public ser\ice employment programs under title II. There are authorized to be appropriated and made available for the fiscal year ending June 30, 1976, and for the succeeding fiscal year such sums as may be necessary to carry out public service employment programs under title II. (e) Of the amount appropriated to carry out this Act for any fiscal year, not more than 20 percent of such amount (excluding any amount in excess of $250,000,000 of the amount made available for carrying out title II) shall be available for carrying out the provisions of title H I and title IV.

863.

TYYhV: I — C O M P R E n E X S IV E ^LVNPOWER SERVICES DESCKIPTIOX OF TROGRA^I

SKC. 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 may include, but shall not be limited to. programs and activities designed to carry out the purpose of this title, such as— (1) outreach to make persons aware of the availability of manpower services and persuade them to use such services. (2) assessment of the individual's needs, interests, and potential in the labor market and referral to appropriate employment, training, or other opportunities. (3) orientation, counseling, education, and institutional skill ti-aining 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 payments to employers organized for profit shall not exceed the diiference between the costs of recruiting, training, and providing supportive services for low-income persons and those regularly employed, () 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) supportiA'e services to enable individuals to take advantage of employment opportunities, including necessary health care and medical services, child care, residential support, assistance in securing bonds, or any other necessarv assistance incident to

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PUBLIC LAW 93-203-DEC. 28, 1973

841

cniployiiieiit. 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, (10) manpower training, employment opportunities, and related services conducted by community-based organizations, (11) transitional public service employment programs, and (1:2) any programs authorized by part A of title III and by title IV of this Act. " PRIME

SPONSORS

/

SEC. 162. (a) The Secretary may make financial assistance available to a prime sponsor to enable it to carry out all or a substantial part of a comprehensive manpower program. A prime sponsor shall be—(1) a State; (2) a unit of general local government which has a population of one hundred thousand or more persons on the basis of the most satisfactory current data available to the Secretary; (3) any combination of units of general local government which includes any unit of general local government qualifying under paragraph (2) of this siibsection; (i) any imit of general local government or any combination of such units, without regard to population, which, in exceptional circumstances, is determined by the Secretary of Labor— (A)(i) to serve a substantial portion of a functioning labor market area, or (ii) to be a rural area liaA'ing a high level of unemployment; and (B) to have demonstrated (i) that it has the capability for adequately carrying out programs under this Act, and (ii) that there is a special need for services within the area to be served, and (iii) that it will carry out such programs and services in such area as effectively as the State; or (5) a limited number of existing concentrated employment program grantees ser\ing rural areas having a high level of unemployment which the Secretary determines have demonstrated special capabilities for carrying out programs in such areas and are designated by him for that purpose. (b)(1) A State shall not qualify as a prime sponsor for any geographical area within the jurisdiction of any prime sponsoi- described in paragraph (2), (3), (4J,or (5) of subsection (a) unless such prime sponsor 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. (c)(1) To be eligible for prime sponsorship for any fiscal year, an otherwise eligible applicant must submit to the Secretary a notice of intent to apply for prime sponsorship by such date as the Secretaryshall prescribe. (2) The Secretary may not, prior to March 1, 1974, designate as a prime sponsor, any State or unit of general local government containing another unit of general local government meeting the requirements of subsection (a)(2) of this section unless such smaller unit has submitted to the Secretary written consent for such designation.

P„^,^ PP 859, 863.

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Page:United States Statutes at Large Volume 87.djvu/874

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PUBLIC LAW 93-203-DEC. 28, 1973

[87 STAT.

ALLOCATIOX OF F U N D S

SEC. 108. (a)(1) Llighty percent of the amount available for this title in any fiscal year shall be allotted in accordance with the provisions of this subsection. (2) Subject to the provisions of paragraph (4) — (A) 50 percent of the amount allotted under this subsection shall be allotted on the basis of the manpower allotment of the State in the fiscal year- prior to the year for which the determination is made compared to the manjjower allotment foi" all States in that year; (B) 371/2 percent of the amount allotted under this subsection shall be allotted on the basis of the relative number of vmeuiployed persons within the State as compared to such numbers in all States; (C) 121/^ percent of the amount allotted undei- this subsection shall be allotted on the basis of the relative number of adults in families with an annual income below the low-income level within the State compared to such total numbers in all States; (I)) Not less than $2,000,000 shall be allotted among Guam, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands, in accordance with their respective needs. (3) The sum allotted to each State shall be allotted by the Secretary among areas within the State on an equitable basis based upon the factors set forth in paragraph (2). (4) No prime sponsor shall be allocated an amount which is in excess of 150 percent of the amount received by the area served by that priine sponsoi' in the fiscal year immediately preceding the fiscal year- for which the determination was made except that if the amount so allocated is less than 50 percent of the amount to which such pi-ime sponsor- is entitled under- paragraph (2) in the fiscal year- for- which a determination was made, then such allocation shall be increased to 50 per-cent of the amoiuit of such entitlement. (b) Not more than 5 percent of the amount available for this title shall be available to the Secretary to encour-age, after- consultation with aird r-eceiviirg r-ecommendations from the Gover-nor- of the appr-opr-iate State, \'oluntar-y combinations formed under section 102 (a)(3)._ (c) Five per-cent of the funds available under title I shall be available only for- gr-ants under section 112 except that such gr-ants shall not iircr-ease the funds available in any pr-ime sponsor-*s area by nrore than 20 percent of the amount allocated to such pr-ime sponsor under- subsection (a). (d) One per-cent of the arnorrnt allocated under subsection (a) shall be available to the Secretary to be allocated in the same manner as l)rovided under subsection (a) to State pr-ime sponsors for the costs irrcrrr-r-ed in carrying orrt the provisions of section 107(a)(2)(B). If any State does not need the amoirnt allocated under- this subsection forany fiscal year, that amount shall be available for State services under section 106. (e) Four percent of the amounts available for this title shall be. available to each State in the same proportion as that State's allo<-ation under subsection (a) for State services under section 106. (f) The remainder of the frrnds shall be available in the Secretary's discretion. In exer-cising his discr-etion the Secretary shall fir-st rrtilize srrch firnds to provide each prime sponsor with an amoirnt for any fiscal year- equal to 90 percent of such area's manpower allotment in the preceding fiscal year. The remainder shall be distr-ibuted in the Secretary's discretion among ar-eas served by pr-ime sponsor-s (or where a prime sponsor's plan has not been approved an area served

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PUBLIC LAW 93-203-DEC. 28, 1973

843

by the Secretary under his authority in section 110). In exercising his discretion the Secretary shall take into account the need for continued funding of programs of demonstrated eflf'ectiveness, (g) Grants made to prime sponsors designated under section 102 (a)(5) shall be from funds not allocated under subsection (a). (h) 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 allotments made pursuant to this section. Allotments under this section shall be based on the latest satisfactory data and estimates available. (i) The Secretary is authorized to make such reallocations under this title as he deems appropriate of the unobligated amount of any allotment pursuant to subsection (a) to the extent that the Secretary determines that it will not be required foi' the period for which such allotment is available. Allotted amounts may not be reallocated for any reason before the expiration of the ninth month of the fiscal year for which such funds were allotted and thereafter may be reallocated only if the Secretary has provided thirty days' advance notice to the prime sponsor for such area and to the (jovernor of the State of the proposed reallocation, during which period of time the prime sponsor and the Governor may submit comments to the Secretary. After considering any comments submitted during such period of time, the Secretary shall notify the Governor and affected prime sponsors of any decision to reallocate funds and shall publish any such decision in the Federal Register. Priority shall be given in reallocating such funds to other ar-eas within the same State.

Publication in Federal Register.

Reallocations.

Publication in Federal Register.

PKI.ME SI'ONSOU'S PLAN NINO COUXCILS

SEC. 104. Each prime sponsor designated under this title shall ,,.,

.,

. ^

'•.,

.

. '^

,

- i i '

establish a phinning council consisting, to the extent practical, of members who are representative of the client community and of community-based organizations, the employment service, education and training agencies and institutions, business, labor, and, where appropriate, agriculture. The prime sponsor shall appoint, the members of the council, designate the chairman, and provide professional, technical, and clerical staff to serve the council. I t is the function of the council to submit recommendations regarding program plans and basic goals, policies, and procedures, to monitor and pr-ovide for objective evaluations of employment and training programs conducted in the prime sponsorship area, and to provide for continuing analyses of needs for employment, training, and related services in such area. Any final decision with respect to such recommendations shall be made by the prime sponsor. CONDITIOXS FOR KECEII'T OF FIXAXCIAL ASSISTAXCE

SEC. 105. (a) The Secretary shall not provide financial assistance for any fiscal year to a prime sponsor unless such sponsor submits a comprehensive manpower plan, in such detail as the Secretary deems necessary, which— (1) sets forth a comprehensive manpower program which meets the objectives of this title, including (A) a description of the services to be provided, and performance goals, (B) assurance that such services will be administered by or under the supervision of the prime sponsor, (C) a description of the geogr-aphical areas to be served under the plan, and (D) assurances that to the maximum extent feasible manpower services, including the development of job opportunities, will be provided to those most in need of them, including low-income persons and persons of lim-

Establishment; membership.

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Page:United States Statutes at Large Volume 87.djvu/876

 844

^^ Stat 30; 42 USC 2601.

PUBLIC LAW 93-203-DEC. 28, 1973

[87 STAT.

ited English-speaking ability, and that the need for continued funding of programs of demonstrated effectiveness is taken into account in serving such groups and persons; (2) provides, in the case of prime sponsors who are recipients of funds under title II for the development of a public service employment program, that it is fully integrated with the services under this title in order to assure that persons employed in such a program are afforded a better opportunity to find regular employment not supported under this Act; (3)(A) provides appropriate arrangements with communitybased organizations serving the poverty community, and other special target groups for their participation in the planning of programs included in the plan; (B) provides for utilizing those services and facilities which are available, with or without reimbursement of the reasonable cost, from Federal, State, and local agencies to the extent deemed appropriate by the prime sponsor, after giving due consideration to the effectiveness of such existing services and facilities, 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 that in making arrangements for institutional training priority shall be given (to the extent feasible) to the use of skills centers established undei' the authority of section 231 of the Manpower Development and Training Act of 1962; (D) provides arrangements to the extent feasible for the coordination 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 and compensation provided by section 111; (5) provides that any transitional public service employment piograms meet the requirements of section 205(c) and section 208^ and that p(M'sons hired to fill jobs created by such programs will be residents of the areas described under paragraph (1)(C) of this subsection; (6) provides assurances that piograms of institutional training be designed for occupations in which skill shortages exist and assurances that such programs and training on the job shall, whorexor possible, losult in employment which provides economic self-sufficiency; (7) contains such other information, assurances, statements, and anangements consistent with the provisions of this Act as the Secretary shall prescribe by regulation including provisions designed to assist the Secretary in carrying out his special responsibilities under this section and section 108. (b) The Secretary shall not provide financial assistance for any fiscal year to a prime sponsor unless such sponsor certifies that— (1) its plan meets all the requirements of this section; and (2) it will comply with all provisions of this Act. ((?) The Societary shall provide financial assistance to each prime

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 87 STAT. ]

PUBLIC LAW 93-203-DEC. 28, 1973

845

sponsor under this title to carry out the ph\n submitted by each such priine sponsor upon determining that— (1) the phin is consistent with the provisions of this title; {•2) the phm was made public prior to submission to the Secretary; (?)) the prime sponsor has demonstrated maximum efforts to iuiplement the provisions in the prior year's plan. SPECIAL PROVISIONS RELATING TO STATE P R I M E

SPONSORS

SEC. 106. (a) Any State seeking assistance under this Act shall .

^

^

''

^

.

.

f^

-

1

~i

r>

.^^^'^ comprehensive manpower

submit a Ibtate comprehensive manpower plan to the Secretary tor pian. approval in accordance with the requirements of this section. (b) The State comprehensive manpower plan shall in addition to meeting the requirements of section 105— (1) provide satisfactory arrangements for serving all geographical areas under its jurisdiction except areas served by an eligible applicant who has filed a notice of intent under section 10:2(c), except that such plan may be amended to include areas served by an eligible applicant whose plan is finally disapproved without pi-ejudice to the remedies available to such eligible applicaut under section 109; (2) provide for the cooperation and participation of all State agencies providing manpower and manpower-related services in the implementation of comprehensive nuinpower sei-\ices plans by prime sponsors in accordance with the provisions of this Act; (3) set forth an overall State plan for the development and sharing of resources and facilities needed to conduct manpower programs under its direct sponsor^liip without unnecessary duplication and otherwise in the most efficient and economical manner; (4) provide for' the coordination of programs financed under the Wagner-Peyser Act in accordance with such rules, regula- 99 u'sc 49 ^ tions, and guidelines as the Secretary determines necessary for the purpose of providing coordinated and comprehensive assistance to those individuals requiring mani)Ower and manpowerrelated services to achieve theii- full occupational potential in accordance with the policies of this Act; (5) set foith arrangements for- assisting the Secretary in carrying out his responsibilities for enfoiring the requirement for Federal contr'actors and subcontractoivs to list all suitable employment openings with local offices of the State employment service and I)rovide special emphasis, as I'equired in section 2012(a) of title se Stat. 1097. (6) set forth arrangements, if any, which the State may desire to provide foi- planning areas to serve geographical regions within the State; and (7) make adequate provision for the coordination of the manpower and related services to be provided by the State in areas to be ser'ved by prime sponsor's other than the State, and that jir'ovision has been made for the establishment of mechanisms to (A) provide for the exchange of information between States and local governments on State, intrastate, and regional planning in areas such as economic development, human resource development, education, and such other areas that may be relevant to manpower planning; and (B) promote the coordination of all manpower plans in a State so as to eliminate conflict, duplication, and overlapping between manpower services. (c) Funds available to each State undei' section 108(e) may be used for—
 * 58, United States Code;

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PUBLIC LAW 93-203-DEC. 28, 1973

[87 STAT.

(1) the provision of services under this Act thronoliont the State by State agencies responsible for employment and training and related services; (2) providing financial assistance for special programs and services designed to meet the needs of rural areas outside major labor market areas; (3) developing and publishing information regarding economic, industrial, and labor market conditions, including but not limited to job opportunities and skill requirements, labor supply in various skills, occupational outlook and employment trends in various occupations, and economic and business development and location trends; (4) providing, without reimbursement and upon request, to any prime sponsor serving an area within the State, such information and technical assistance as may be appropriate to assist any such prime sponsor in developing and implementing its programs under this Act; and (5) carrying out special model training and employment programs and related services, including programs for offenders similar to programs described in section 301(c) of this Act. (d) The State prime sponsor shall annually certify compliance with all the requirements for State prime sponsors. STATE ^ l A X r O W E R SERVICES COUXCTL

Establishment.

c;j-(._ i^7_ (a)(1) Any State which desires to be designated as a l)rime sponsor and to enter into arrangements with the Secretary under this title shall establish a Manpower Services Council (hereinafter referred toias the "Council") which shall exercise the powers and duties set forth in this section. (2) The Council established pursuant to paragraph (1) shall— (A) be appointed by the Governor (who shall designate one member thereof to be Chairman), and shall be composed of— (i) representatives of the units or combinations of units of general local government in such State, who shall comprise at least one-third of the membership of the Comicil. which have comprehensive manpower plans approved under section 108 (except that the initial appointments to the Council may consist of representatives of units or combinations of units of general local government described in clauses (2), (3), (4), and (5) of section 102(a) which have indicated an intention to submit a plan for approval under section 108). and such representatives shall be designated by the chief executive officers of the units or combination of units of general local government which qualify for representation under this section in accordance with procedures agreed upon by such chief executive officers; (ii) one representative each of the State board of vocational education and the public employment service of such State; (iii) one representative of each such other State agency as the Governor may determine to have a direct interest in overall manpower training and utilization within the State; (iv) representatives of organized labor; (v) representatives of business and industry; (vi) rei:)resentativos of conununity-based organizations and of the client community to be served under this Act (including, where persons of limited English-speaking abil-

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ity represent a substantial portion of the client population, appropriate representation of such persons); and (vii) representatives of the general public. (B) be appropriately staffed and serviced by the State prime sponsor; (C) meet at such times and in such places as it deems necessary. (b) The Council shall— (1) review the plans of each prime sponsor and the plans of State agencies for the provision of services to such prime sponsors, and make recommendations to such prime sponsors and agencies for the more effective coordination of efforts to meet the overall manpower needs of the State; (2) continuously monitor the operation of programs conducted by each prime sponsor, and the availability, responsiveness, and adequacy of State services, and make recommendations to the prime sponsors, to agencies providing manpower services, and to the Governor and the general public with respect to ways to improve the effectiveness of such programs or services in fulfilling the purposes of this Act; (3) make an annual report to the Governor which shall be a public document, and issue such other studies, reports, or documents as it deems advisable to assist prime sponsors or to otherwise help carry out the purposes of this Act.

847

Report to GOV-

REVIEW OF P L A N S

SEC. 108. (a) The Secretary shall not approve a comprehensive manpower plan or any amendment thereto until he determines that it meets the requirements of section 105, and in the case of a State plan section 106, and that the plan was submitted to, and an opportunity to comment thereon provided, the Governor of the State and appro{)riate oflicials in units of general local government of the area to be served. (b)(1) The Secretary shall not finally disapprove any comprehen- Hearing, notice. sive 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 genera] local government that a prime sponsor has changed its comprehensive manpower plan so that it no longer complies with section 105 or that in the administration of the plan there is a failure to comply substantially with any such provision, with any provision of the plan, or with any requirements of section 603 or ("04, he shall, ^°«^ P- ^^S. and, if he receives such an allegation from any other interested person, he may, or, if such allegation is supported by substantial evidence, he shall, after due notice and opportunity for a hearing to the prime sponsor, determine whether the allegation is true. If he determines such an allegation to be 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). (c) The Secretary shall not disapprove any plan solely because of the percentage of funds devoted to a particular program or activity authorized under section 101 of this Act. (d) Whenever the Secretary determines, after notice and oppor-

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[87 STAT.

tunity for a public hearing, that any prime sponsor designated to serve under this Act is— (1) maintaining a pattern or practice of discrimination in violation of section 603(1) or section 612(a) of this Act or otherwise failing to serve equitably the economically disadvantaged, unemployed, or underemployed persons in the area it serves; (2) incurring unreasonable administrative costs in the conduct of activities and programs, as determined pursuant to regulation; (3) failing to give due consideration to continued funding of programs of demonstrated effectiveness including those previously conducted under provisions of law repealed by section 614 of this Act; or (4) otherwise materially failing to carry out the purposes and provisions of this Act; the Secretary shall revoke the prime sponsor's plan for the area, in whole or in part, and to the extent necessary and appropriate shall not make any further payments to such prime sponsor under this Act, and he shall notify such sponsor to return to him all or part of the unexpended sums paid under this Act during that fiscal year. JUDICIAL

Jl^'"';lV'-

62 Stat. 928.

REVIEW

SEC. 109. (a) If any prime sponsor is dissatisfied with the Secretary's final action w4th respect to the approval of its comprehensive manpower plan submitted under section 105 or section 106 or with his final action under section 108, 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 prime sponsor 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. Thereupon the Secretary 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 ^j^|^, 28, United States Code. AUTHORITY OF SECRETARY TO PROVIDE SERVICES

SEC. 110. (a) In any area of a State which has not qualified as a piime sponsor- and for which no other prime sponsor has qualified under paragraph (2), (3), (4), or (5) of section 102(a) or where the Secretary has taken an action under subsection (b)(2) or (d) of section 108 which results in such services not being provided in such area, the Secretary is authorized and directed out of funds allotted to such State or- local area under section 103(a) to provide for continuing programs by making payments directly to public and private nonprofit agencies and organizations conducting activities which he determines are not in violation of the requirements of this section. To the extent necessary to assure the delivery of services in the areas served by any prime sponsor- subject to the provisions of this section, the Secretary is author-

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849

ized (if no other eligible prime sponsor is designated under section 102 of this Act to serve such area) to make grants to and enter into contracts with public and private nonprofit agencies and organizations in the same manner and to the same extent as if the Secretary were the prime sponsor for that area. (b) The Secretary shall, prior to making any payments under this Act for any fiscal year, enter into an agreement with any prime sponsor receiving payments under this Act which contains provisions adequate to assure that the provisions of this section are carried out effectively. ALLOWANCES

SEC. 111. (a) Basic weekly allowances for individuals receiving training or education under this title for which no wages are payable shall be at a rate prescribed by the Secretary which'when added to amounts received by the trainee in the form of unemployment compensation payments shall equal the minimum wage for a work week of forty hours under section 6(a)(1) of the F a i r Labor Standards Act of 1938 or, if higher, under the applicable State or local minimum wage law, and such basic allowances shall, in the case of an individual with dependents, be increased by $5 a week for each dependent over two up to a maximum of four additional dependents. The prime sponsor may waive the payment of all or part of the allowances when it determines, under regulations prescribed by the Secretary, that such waiver will promote the purposes of this Act. Trainees receiving public assistance or whose needs or income are taken into account in determining such public assistance payments to others, shall receive an incentive allowance of $S0 per week. Such allowance shall be disregarded in determining the amount of public assistance payments under Federal or Federally assisted public assistance programs. In prescribing allowances, the prime sponsor shall, in accordance with regulations presciibed by the Secretary, allow additional sums for special circumstances such as exceptional expenses incurred by trainees, including but not limited to meal and travel allowances, or he may reduce such allowances by an amount reflecting the fair value of meals, lodging, or other ne<*essaries furnished to the trainee. The prime sponsor shall take such action as may be necessary to insure that such persons receive no allowances with respect to periods during which they are failing to participate in such programs, training, or instruction as prescribed herein without good cause. Notwithstanding the preceding provisions of this subsection, the prime sponsor shall, in accordance with such I'egulations as the Secretary shall prescribe, make such adjustments as he deems appropriate in allowances which would otherwise be payable under this title, including but not limited to adjustments which take into account the amount of time per week spent by the individual participating in such programs and adjustments to reflect the special economic circumstances which exist in the area in which the program is to be carried on. Allowances shall not be paid for any course of training having a duration in excess of one hundred and four weeks. (b) Individuals receiving training on the job shall be compensated by the employer at such rates, including periodic increases, as may be (leemed reasonable under regulations prescribed by the Secretary, considering such factors as industry, geographical region, and trainee proficiency, but in no event at a rate less than that specified in section 0(a)(1) of the Fair Labor Standards Act of 1938 or, if higher, under the applicable State or local minimum wage law.

22-150 0 - 7 5 - 5 6

^^ ^^^^ ^^^ 29 USC 206.

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[87 STAT.

S U I T L E M E N T A L VOCATIOXAL EDUCATION ASSISTANCE

Grants to Governors.

gjj^- 112. (a) From the fviiids available to liim for this section, the Secretary shall make grants to Governors to provide financial assistance, through State vocational education boards, to provide needed vocational education services in areas served by prime sponsors. (b) All of the sums available to carry out this section shall be allotted among the States in the manner provided for allotting funds under section 103(a). (c) Funds available under this section shall be used only for providing vocational education and services to participants in programs under this title in accordance with an agreement between the State vocational education board and the prime sponsor. TITLE II — P I ' B L I C EMPLOYJSIENT P R O G R A M S STATEMENT OF PURPOSE

SEC. 201. It is the purpose of this title to provide unemployed and underemployed persons with transitional employment in jobs providing needed public services in areas of substantial unemployment and, wherever feasible, related training and manpower services to enable such persons to move into employment or training not supported under this title. ALLOCATION OF F U N D S

SEC. 202. (a) Eighty per centum of funds available for any fiscal year under this title shall be allocated among eligible applicants in accordance with the number of unemployed residing in areas of sub.-tautial unemployment within the jurisdiction of the applicant compared to the number of unemployed residing in all such areas. (b) The lemainder may be distributed by the Secretary in his discretion taking into account the severity of unemployment within such areas. F IX A X C I A L ASSISTANCE

SEC. 203. (a) The Secretary shall enter into arrangements with eligible applicants in accordance with the provisions of this title in order to make financial assistance available in areas of substantial unemployment for the ]iurpose of providing transitional employment for unemployed and under-employed persons in jobs providing needed public services, and training and manpower services related to such euiploymeut which are otherwise unavailable, and enabling such persons to move into employment or training not supported under this title. (b) Xot less than 90 per centum of the funds appropriated pursuant to this title which are used by an eligible applicant for public service euiploymeut programs shall be expended only for wa.<ies and employment benefits to persons employed in public service jobs pursuant to this title. ELIGIBLE

APPLICANTS

S F ( \ 204. (a) Financial assistance under this title may be provided by the Secretary only pursuant to applications submitted by eligible applicants which are— (1) piime sponsors qualified under title T; or (2) Indian tribes on Federal or State reservations and which include areas of substantial unemployment. (b) For fiscal year 1974, eligible applicants include any entity eligible to be a prime sponsor under section 102(a).

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PUBLIC LAW 93-203-DEC. 28, 1973

(c) For the purpose of this title ''areas of substantial uneniployineiit" 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 6.5 per centum for three consecutive months as determined by the Secretary. Determinations concerning the rate of unemployment shall be made by the Secretary at least once each fiscal year. (d)(1) Whenever an area of substantial unemployment within the jurisdiction of an eligijjle applicant is also within the jurisdiction of a unit of general local government or a combination of such units having a population of 50,000 or more (but less than that necessary to qualify as a prime sponsor under title I), the eligible applicant shall delegate to such unit or units of general local government the functions of program agent with respect to the funds allocated to such eligible applicant on account of such area of substantial unemployment. (2) For purposes of this subsection the functions of program agent include the administrative responsibility for developing, funding, overseeing, and monitoring programs within the area but such functions shall be carried on consistently with the application for financial assistance which shall be developed by the eligible applicant in cooperation with the program agent. (3) Whenever two or more units of general local government qualify as program agents with respect to the same area of substantial unemployment the provisions of section 102(b)(2) shall be applicable. (e) Whenever the Secretary makes any determination requ.ircd by this section, he shall promptly notify the (Congress and shall publish such determination in the Federal Register. APPLICATIONS

SEC. 205. (a) Financial assistance under this title may be provided by 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 title. Any such application shall set forth a public service employment program designed to provide emT)loyment, in jobs providing needed public services, for persons residing in areas of substantial unemployment who have been unemployed for at least thirty days 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 title. (b) Programs assisted under this title shall, to the extent feasible, 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 enab-e the individuals so employed to move into public or private employment oi- training not supported under this Act. (c) An application for financial assistance for a public service employment program under this title shall include provisions setting forth— (1) assurances that the activities and services for which assistance is sought under this title will be administered by or undeithe 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

851 ^^'Zrunlmpioyment."

Notice to confn^peder^i Re^gis" ter.

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 852

Veterans, speuon. °"^' ^^ "^

38 USC 20^0f'

PUBLIC LAW 93-203-DEC. 28, 1973

[87 STAT.

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 only persons residing within the areas of substantial unemployment qualifying for assistance will be hired to fill jobs created under this title, and that the public services provided by such jobs shall, to the extent feasible, be designed to benefit the residents of such areas; (4) 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; ^5^ assurauces (A) that special consideration in filling transitional public service jobs will be given to unemployed persons who served in the Armed Forces in Indochina or Korea on or after August 5, 1964, in accordance with criteria established by the Secretary (and who have received other than dishonorable discharges), and a description of the specific steps to be undertaken during such fiscal year to provide such special consideration, and of the types of jobs to be made available to such veterans, with special emphasis on the development of jobs which will utilize, to the maximum extent feasible, the skills which such veterans ac<iuired in connection with their military training and service, and (B) that the applicant shall (i) make special efforts to acquaint such veterans with the program and the public service jobs available to veterans under this Act, and (ii) coordinate efforts in behalf of such veterans with those activities authorized ^y chapter 41 of title 38, United States Code (relating to Job Coimseling and Employment Services for Veterans), or carried out by other public or private organizations or agencies; (6) 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; (7) assurances that special consideration in filling transitional public service jobs will be given to unemployed persons who are the most severely disadvantaged in terms of the length of time they have been unemployed and their prospects for finding employment without assistance under this title, but such special consideration shall not authorize the hiring of any person when any other peison is on lay-off from the same or any substantially equivalent job; (8) assurances that no funds received under this title will be used to hire any person to fill a job opening created by the action of an employer in laying oft' or terminating the employment of any ivgular employee not supported under this title in anticipation of filling the vacancy so created by hiring an employee to be supported under this title; (9) 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;

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(10) a (lo.s('ription of the luothods to be used to recruit, select, and orient participants, including specific eligibility criteria, and programs to prepare the participants for their job responsibilities; (11) a description of unmet pnblic serxico needs and a statement of priorities among such needs; (12) a description of jobs to be filled, a listing of the major kinds of Avoiiv to be performed and skills to be acqnired and the approximate dnration for \vhich participants would be assigned to such jobs; (13) the wages or salaries to be paid persons employed in public service jobs under this title and a comparison with the Avages paid for similar public occupations by the same em]jloyer; (14) where appropriate, the education, training, and supportive services (including counseling and healtli care services) which complement the work performed; (15) the planning for and training of supervisory personnel in working with participants; (16) a description of career opportunities and job advancement potentialities for participants; (17) assurances that procedures established pursuant to section 207(a) will be complied with; (18) assurances that agencies and institutions to whom financial assistance is made available under this title have undertaken, or will undertake, analyses of job descriptions and revaluations and, where shown necessary, revisions of qualification requirements at all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary, with a view toward removing artificial barriers to public employment of those whom it is the purpose of this title to assist; (19) assurances that the applicant will, where appropriate, maintain or provide linkages with upgrading and other manpower i^rograms for the purpose of (A) providing those persons employed in public service jobs under this title who want to pursue work with the employer, in the same or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (B) providing those persons so employed who do not wish to pursue permanent careers in such field, with opportunities to seek, prepare for, and obtain work in other fields; (20) assurances that all persons employed under any such program, other than necessary technical, supervisory, and administrative personnel, Avill be selected from among unemployed and underemployed persons; (21) assurances that the program Avill, to the maximum extent feasible, contribute to the elimination of artificial barriers to employment and occupational adA^ancement, including civil service requirements which restrict employment opportunities for the disadvantaged; (22) assurances that not more than one-third of the participants in the program Avill be einployed in a bona fide professional capacity (as such term is used in section 13(a)(1) of the Fair Labor Standards Act of 1938), except that this paragraph shall not be applicable in the case of particij^ants employed as classroom teacners, and the Secretary may Avaive this limitation in exceptional circumstances; (23) a description of the manpower needs of local gOA-ernments and of local educational agencies within the area to be served together with the comments of such gOA-ernments and ao-encies

853

^s Stat. 7i; 29 USC 213.

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[87 STAT.

where appropi-iate, and assnrancos tlint jobs will bo allocated e(iuitably to such governments and agencies taking into account the number of unemployed Yithin their jurisdi<^tions and the needs of the agencies; (24) assurances that the jobs in each job category in no way infringe upon the promotional opportunities which woidd otherwise be availaple to persons currently employed in public service jobs not subsidized under this title, and assurances that no job will be filled in other than an entry level position in each job category until applicable personnel procedures and collective bargaining agreements have been complied with; (25) assurances that jobs funded under this title are in addition to those that would be funded by the sponsor in the absence of assistance under this Act; and (26) such other assurances, arrangements, and conditions, consistent with the provisions of this title, as the Secretary deems necessary, in accordance with such regulations as he shall prescribe. ArPEOVAL OF A r P I J C A T I O X S

SKC. 20. An application, or modification or amendment thereof, for financial assistance under this title may be approved only if the Secretary determines that— (1) the application meets the requirements set forth in this title; (2) an opportunity has been provided to officials of the appropriate units of general local government to submit comments with respect to the application to the applicant and to the Secretary: (3) an opportunity has been provided to the Governor of the State to submit comments with respect to the application to the applicant and to the Secretary; and (4) where a labor organization represents employees who are engaged in similar work in the same area to that proposed in the application, an opportunity has been provided such organization to submit comments with respect to the application to the applicant and to the Secretary. SPECIAL RESPOXSIBILITIKS OF THE SEClUrrARY

Indians, public m^ent"ro^^ams7 assistance.

SEC. 207. (a) The Secretary shall establish procedures for periodic reviews by an appropriate agency of the status of each person employed in a public service job under this title to assure that iai the event that any person employed in a public service job under this title and the reviewing agency find that such job will not provide sufficient prospects for advancement or suitable continued employment, maximum efforts shall be made to locate employment or training opportunities providing such prospects, and such person shall be offered appropriate assistance in securing placement in the opportunity wdiich he chooses after appropriate counseling. (b) The Secretary shall revieAV the implementation of the procedures established under subsection (a) of this section six months after funds are first obligated under this title and at six-month intervals thereafter. (e) Whcrc the Secretary determines that an Indian tribe on a Fodoral or State reservation is unable to submit an application to caiTy oiit a public service employment program which meets the requirements of section 205. the Secretary shall assist such tribe in preparing, submitting, and implementing a public service employment program. The provisions of section 20S shall apply to programs cari"ied out under this subsection.

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