text:
Page:United States Statutes at Large Volume 91.djvu/646

 91 STAT. 612

PUBLIC LAW 95-91—AUG. 4, 1977 TITLE IX—EFFECTIVE DATE AND INTERIM APPOINTMENTS EFFECTIVE

Publication in Federal Register. Regulations. 42 USC 7341.

DATE

SEC. 901. The provisions of this Act shall take effect one hundred and twenty days after the Secretary first takes office, or on such earlier date as the President may prescribe and publish in the Federal Register, except that at any time after the date of enactment of this Act, (1) any of the officers provided for in title II and title IV of this Act may be nominated and appointed, as provided in those titles, and (2) the Secretary and the Commission may promulgate regulations pursuant to section 705(b)(2) of this Act at any time after the date of enactment of this Act. Funds available to any department or agency (or any official or component thereof), functions of which are transferred to the Secretary or the Commission by this Act, may with the approval of the Director of the Office of Management and Budget, be used to pay the compensation and expenses of any officer appointed pursuant to this subsection until such time as funds for that purpose are otherwise available. IX T E R I M APPOI>fTMENTS

42 USC 7342.

SEC. 902. In the event that one or more officers required by this Act to be appointed by and with the advice and consent of the Senate shall not have entered upon office on the effective date of this Act, the President may designate any officer, w'hose appointment was required to be made, by and with the advice and consent of the Senate, and who was such an officer immediately prior to the effective date of the Act, to act in such office until the office is filled as provided in this Act. While so acting such persons shall receive compensation at the rates provided by this Act for the respective offices in which they act. TITLE X—SUNSET PROVISIONS SUBMISSION

Submittal to Congress.

42 USC 7351.

OF COMPREHENSIVE

REVIEW

SEC. 1001. Not later than January 15, 1982, the President shall prepare and submit to the Congress a comprehensive review of each program of the Department, Each such review shall be made available to the committee or committees of the Senate and House of Representatives having jurisdiction with respect to the annual authorization of funds, pursuant to section 660, for such programs for the fiscal year beginning October 1, 1982. C O N T E N T S O F REVIEW^

42 USC 7352.

SEC. 1002. Each comprehensive review prepared for submission under section 1001 shall include— (1) the name of the component of the Department responsible for administering the program; (2) an identification of the objectives intended for the program and the problem or need which the program was intended to address; (3) an identification of any other programs having similar or potentially conflicting or duplicative objectives; (4) an assessment of alternative methods of achieving the purposes of the program;

�


text:
Page:United States Statutes at Large Volume 91.djvu/647

 PUBLIC LAW 95-91—AUG. 4, 1977 (5) a justification for the authorization of new budget authority, and an explanation of the manner in which it conforms to and integrates with other efforts; (6) an assessment of the degree to which the original objectives of the program have been achieved, expressed in terms of the performance, impact, or accomplishments of the program and of the problem or need which it was intended to address, and employing the procedures or methods of analysis appropriate to the type or character of the program; (7) a statement of the performance and accomplishments of the program in each of the previous four completed fiscal years and of the budgetary costs incurred in the operation of the program; (8) a statement of the number and types of beneficiaries or persons served by the program; (9) an assessment of the eifect of the program on the national economy, including, but not limited to, the effects on competition, economic stability, employment, unemployment, productivity, and price inflation, including costs to consumers and to businesses; (10) an assessment of the impact of the program on the Nation's health and safety; (11) an assessment of the degree to which the overall administration of the program, as expressed in the rules, regulations, orders, standards, criteria, and decisions of the officers executing the program, are believed to meet the objectives of the Congress in establishing the program; (12) a projection of the anticipated needs for accomplishing the objectives of the program, including an estimate if applicable of the date on which, and the conditions under which, the program may fulfill such objectives; (13) an analysis of the services which could be provided and performance which could be achieved if the program were continued at a level less than, equal to, or greater than the existing level; and (14) recommendations for necessary transitional requirements in the event that funding for such program is discontinued, including proposals for such executives or legislative action as may be necessary to prevent such discontinuation from being unduly disruptive. Approved August 4, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-346, pt. I (Comm. on Government Operations) and No. 95-346, pt. II (Comm. on Post Office and Civil Service), both parts accompanying H.R. 6804, and 95-539 (Comm. of Conference). SENATE REPORTS: No. 95-164 (Comm. on Governmental Affairs) and No. 95-367 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 123 (1977): May 18, considered and passed Senate. June 2, H.R. 6804 considered in House. June 3, considered and passed House, amended, in lieu of H.R. 6804. j Aug. 2, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 32: Aug. 4, Presidential statement.

91 STAT. 613

,:....«;

'^*- " ^

, „

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 91.djvu/648

 PUBLIC LAW 95-92—AUG. 4, 1977

91 STAT. 614

Public Law 95-92 95th Congress An Act Aug. 4, 1977 [H.R. 6884]

International Security Assistance Act of 1977. 22 USC 2151 note.

To amend the Foreign Assistance Act of 1961 to authorize international security assistance programs for fiscal year 1978, to amend the Arms Export Control Act to make certain changes in the authorities of that Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemhted, SHORT TITLE

1. This Act may be cited as the "International Security Assistance Act of 1977". SECTION

CONTINGENCY FUND 22 USC 2261.

SEC. 2. Section 451(a) of the Foreign Assistance Act of 1961 is amended by striking out "for the fiscal year 1976 not to exceed $5,000,000 and for the fiscal year 1977 not to exceed $5,000,000" and inserting in lieu thereof "for the fiscal year 1978 not to exceed $5,000,000". INTERNATIONAL

Appropriation authorization. 22 USC 2291a. 22 USC 2291.

NARCOTICS CONTROL

SEC. 3. Section 482 of the Foreign Assistance Act of 1961 is amended to read as follows: "SEC. 482. AUTHORIZATION.—To carry out the purposes of section 481, there are authorized to be appropriated to the President $39,000,000 for the fiscal year 1978. Amounts appropriated under this section are authorized to remain available until expended.". ASSISTANCE TO PORTUGAL

22 USC 2294.

Support loans.

Appropriation authorization.

SEC. 4. Chapter 10 of part I of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section: "SEC. 497. BALANCE OF PAYMENTS LOAN FOR PORTUGAL.— (a) In recognition of the established interest of the United States in fostering a democratic government in Portugal, in maintaining the strength of the North Atlantic Treaty Organization alliance, and in supporting European economic recovery, the purpose of this section is to provide essential balance of payments assistance to Portugal. "(b) The President is authorized to make balance of payments support loans to Portugal as part of a special international effort to assist that country in the development and implementation of a program to gain financial stability and economic recovery. " (c) There are authorized to be appropriated to the President not to exceed $300,000,000 for the fiscal year 1978 to carry out the purposes of this section, which amount is authorized to remain available until expended.". MILITARY ASSISTANCE

Appropriation authorization.

22 USC 2312. Allocation.

SEC. 5. (a) Section 504(a) of the Foreign Assistance Act of 1961 is amended to read as follows: "(a)(1) There are authorized to be appropriated to the President to carry out the purposes of this chapter not to exceed $228,900,000 for the fiscal year 1978. Not more than the following amounts of funds

�


text:
Page:United States Statutes at Large Volume 91.djvu/649

 PUBLIC LAW 95-92—AUG. 4, 1977

91 STAT. 615

available to carry out this chapter may be allocated and made available for assistance to each of the following countries for the fiscal year 1978: "Greece Portugal Spain Turkey Jordan Indonesia Philippines Thailand

$33, 000, 000 25, 000, 000 15, 000, 000 48,000,000 55,000,000 15, 000, 000 19, 600, 000 8, 000, 000

The amount specified in this paragraph for military assistance to any Increase, such country for the fiscal year 1978 may be increased by not more than 10 per centum of such amount if the President deems such increase necessary for the purposes of this chapter. "(2) Except with respect to costs incurred under the authority of section 516(b) or as otherwise specifically authorized by law, none Infra. of the funds available for assistance under this chapter may be used to provide assistance to any recipient other than the countries specified in paragraph (1). ^ ^,, "(3) The authority of section 610(a) and of section 614(a) may "'" *' ' not be used to increase any amount specified in paragraph (1) or to waive the limitations of paragraph (2). "(4) Amounts appropriated under this subsection are authorized to remain available until expended.". (b) Section 516(b) of the Foreign Assistance Act of 1961 is 22 USC 2321J. amended by striking out "paragraphs (2) and (3)" and inserting in lieu thereof "paragraph (2)". STOCKPILING OF DEFENSE ARTICLES FOR FOREIGN COUNTRIES

SEC. 6. Section 514(b)(2) of the Foreign Assistance Act of 1961 22 USC 2321h. is amended by striking out "$93,750,000 for the period beginning July 1, 1975, and ending September 30, 1976, and $125,000,000 for the fiscal year 1977" and inserting in lieu thereof "$270,000,000 for the fiscal year 1978". INTERNATIONAL MILITARY ASSISTANCE AND SALES PROGRAM MANAGEMENT

SEC. 7. (a) Section 515 of the Foreign Assistance Act of 1961 is 22 USC 23211 amended to read as follows: "SEC. 515. OVERSEAS MANAGEMENT OF ASSISTANCE AND SALES PRO-

GRAMS.— (a) No military assistance advisory group, military mission, or other organization of United States military personnel performing similar military advisory, functions under this Act or the Arms Export Control Act may operate in any foreign country unless specifically authorized by the Congress. The prohibition contained in this subsection does not apply to regular units of the Armed Forces of the United States engaged in routine functions designed to bring about the standardization of military operations and procedures between the Armed Forces of the United States and countries which are members of the North Atlantic Treaty Organization or other defense treaty allies of the United States. "(b)(1) In order to carry out his responsibilities for the management during the fiscal year 1978 of international security assistance programs conducted under this chapter, under chapter 5 of this part, or under the Arms Export Control Act, the President may assign members of the Armed Forces of the United States to perform neces-

Congressional authorization. 22 USC 2751 note.

22 USC 2347.

�


text:
Page:United States Statutes at Large Volume 91.djvu/650

 91 STAT. 616 Ante, p. 614.

Limitation.

22 USC 2761.

22 USC 2347, 2751 note.

Report to Speaker of the House and cong committees.

Costs.

PUBLIC LAW 95-92—AUG. 4, 1977 sary functions with respect to such programs in the countries specified in section 504(a)(1) and in the Republic of Korea, Panama, Brazil, Morocco, Iran, Kuwait, and Saudi Arabia. Members of the Armed Forces assigned under this subsection shall have as their primary functions logistics management, transportation, fiscal management, and contract administration of country programs. I t is the sense of the Congress that advisory and training assistance in the countries specified above shall primarily be provided by personnel who are not assigned under this subsection and who are detailed for limited periods to perform specific tasks. "(2) The total number of members of the Armed Forces assigned under this subsection to each country specified in paragraph (1) of this subsection may not exceed the number justified to the Congress in the congressional presentation materials, unless the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives are so notified. "(3) Members of the Armed Forces authorized to be assigned to Iran, Kuwait, and Saudi Arabia by paragraph (1) of this subsection may only be assigned to such countries on a fully reimbursable basis under section 21(a) of the Arms Export Control Act, except that this requirement shall apply only to the extent that the number of members of the Armed Forces assigned to each such country exceeds six. "(c) The President may assign not to exceed three members of the Armed Forces to any country not specified in subsection (b)(1) to perform accounting and other management functions with respect to international security assistance programs conducted under this chapter, chapter 5 of this part, or under the Arms Export Control Act, except that not to exceed three additional members of the Armed Forces may be assigned to a country to perform such functions when specifically requested by the Chief of the Diplomatic Mission as necessary to the efficient operation of the Mission. "(d) The total number of members of the Armed Forces assigned to foreign countries under subsections (b) and (c) may not exceed 865 for the fiscal year 1978. "(e) Members of the Armed Forces assigned to a foreign country Tinder subsection (b) or (c) shall serve under the direction and supervision of the Chief of the United States Diplomatic Mission in that country. "(f) Defense attaches may perform overseas management functions described in this section only if the President determines that the performance of such functions by defense attaches is the most economic and efficient means of performing such functions. The President shall promptly report each such determination to the Speaker of the House of Representatives and to the chairman of the Senate Committee on Foreign Relations and the chairman of the Senate Committee on Armed Services, together with a description of the number of personnel involved and a statement of the reasons for such determination. The number of defense attaches performing overseas management functions in a country under this subsection may not exceed the number of defense attaches authorized to be assigned to that country on December 31, 1976. "(g) The entire costs (including salaries of United States military personnel) of overseas management of international security assistance programs under this section shall be charged to or reimbursed from funds made available to carry out this chapter, including any such costs which are reimbursed from charges for services collected

�


text:
Page:United States Statutes at Large Volume 91.djvu/651

 PUBLIC LAW 9 5 - 9 2 — A U G. 4, 1977

91 STAT. 617

from foreign governments pursuant to sections '21(e) and 43(b) of the A r m s E x p o r t Control Act. The prohibition contained in subsection (a) of this section and the numerical limitations contained in subsections (b). (c), and (d) of this section shall not apply to members of the Armed Forces performing services for specific purposes and periods of time on a fully I'eimbursable basis under section 21(a) of the A r m s E x p o r t Control Act.'\ (b) Section 516(a) of the Foreign Assistance Act of 1961 is amended by striking out "515(b)(2) " and inserting in lieu thereof '"515". (c) Section 631(d) of the Foreign Assistance Act of 1961 is amended— (1) by striking out "this Act " and inserting in lieu thereof part I of this Act "; and (2) by striking out all that follows after economic officer of the mission" and inserting a period in lieu thereof. (d) Section 43(b) of the A r m s Hxport Control Act is amended to read as follows: " (b) Charges for administrative services calculated under section 2 1 (e)(1)(A) of this Act shall include recovery of administrative expenses incurred by any department or agency of the United States Government, including any mission or group thereof, in carrying out functions under this Act when— " (1) such functions are primarily for the benefit of any foreign country; and "(2)" such expenses are not directly and fully charged to, and ' reimbursed from amounts received for, sale of defense services under section 21(a) of this Act.".

22 USC 2761, Infra.

22 USC 2321]. 22 USC 2391.

Administrative services, charges. 22 USC 2792.

SECURITY SUPPORTING ASSISTANCE

SEC. 8. (a) Section 531 of the Foreign Assistance Act of 1961 is 22 USC 2346. amended— (1) by striking out in the last sentence thereof '"The" and inserting in lieu thereof "Except for programs in southern Africa, the "; and (2) by adding at the end thereof the following new sentence: " I n p l a n n i n g security supporting assistance programs intended for economic development, the President shall take into account to the maximum extent feasible the policy directions set forth in chapter 1 of part I of this Act.". 22 USC 2151. (b) Section 532 of the Foreign Assistance Act of 1961 is amended Appropriation to read a s f o l l o w s: ' ' SEC. 532. AUTPTOI{IZATION.— ({v)(l)

There are authorized to be

authorization. 22 USC 2346a.

appropriated to the President to carrv out the purposes of this chapter for the fiscal year 1978 not to exceed $1,890,000,000. of which not less than the following amounts shall be available only for the following countries: "Israel Egypt .Jordan Syria Lebanon Cyprus

$785, 000, 000 750. 000. 000 93,000,000 90. 000, 000 20, 000, 000 15, 000, 000

" (2) Of the amount authorized to be appropriated by paragraph Israel, limitation. (1) for the fiscal year 1978 which is available for Israel, not less than $300,000,000 shall be available only for budgetary support on a g r a n t basis.

�


text:
Page:United States Statutes at Large Volume 91.djvu/652

 91 STAT. 618 Availability.

22 USC 2346b. Ante, p. 617.

PUBLIC LAW 95-92—AUG. 4, 1977 " (b) Amounts appropriated under this section are authorized to remain available until expended.". (c) Chapter 4 of part II of such Act is amended by adding at the end thereof the following new section: " SEC. 533. SOUTHERN AFRICAN SPECIAL REQUIREMENTS F U N D S. — (a)

(1) Of the funds authorized to be appropriated by section 532 for the fiscal year 1978, $80,000,000 shall be available only for the countries of southern Africa to address the problems caused by the economic dislocation resulting from the conflict in that region, and for education and job training assistance for Africans from Namibia and Zimbabwe (Southern Rhodesia). Such funds may be used to provide assistance to African refugees and persons displaced by war and internal strife in southern Africa, to improve transportation links interrupted or jeopardized by regional political conflicts, and to provide trade credits for the purchase of United States products to those countries in the region adversely affected by blocked outlets for their exports and by the overall strains of the world economy. " (2) Of the funds made available under this section, not more than the following amounts may be made available for the following: "Botswana Lesotho Swaziland Regional programs for education, training, and refugee assistance

22 USC 2151. 22 USC 2151 et seq. Report to Speaker of the House and congressional committee. Limitation.

Waiver. Report to Congress.

Rhodesian conflict, settlement.

$15, 000,000 15, 000, 000 5,000, 000 45, 000,000

"(3) To the extent practicable consistent with the purposes specified in paragraph (1), assistance under this section should be used to meet the objectives set forth in sections 102(c) and (d) and in other sections of chapter 1 of part I of this Act. "(4) Before obligating any funds under this section, the President shall notify the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate with respect to the specific projects and programs for which such funds will be used. "(b) Of the funds made available under subsection (a) of this section for regional programs, not to exceed $1,000,000 may be used by the President for the preparation of a comprehensive analysis of the development needs of southern Africa to enable the Congress to determine what contribution United States foreign assistance can make. "(c)(1) None of the funds made available under this section may be used for military, guerrilla, or paramilitary activities in any country. "(2) No assistance may be furnished under this section to Mozambique, Angola, Tanzania, or Zambia, except that the President may waive this prohibition with respect to any such country if he determines (and so reports to the Congress) that furnishing such assistance to that country would further the foreign policy interests of the United States. "(d) It is the sense of the Congress that the United States should support an internationaly recognized constitutional settlement of the Rhodesian conflict leading promptly to majority rule based upon democratic principles and upholding basic human rights. The Congress declares its intent to support United States participation in a Zimbabwe Development Fund. The Congrass intends to authorize the necessary appropriation when progress toward such an internationaly recognized settlement would permit establishment of the Fund.".

�


text:
Page:United States Statutes at Large Volume 91.djvu/653

 PUBLIC LAW 95-92—AUG. 4, 1977

91 STAT. 619

REVIEW OF SECURITY SUPPORTING ASSISTANCE PROGRAM FOR EGYPT

SEC. 9. (a) I t is the sense of the Congress that the security support- 22 USC 2346 ing assistance program for Egypt plays an important role in the Mid- note. dle East peace effort and that the Executive branch should concentrate its efforts in order to make the program a success. (b) In furtherance of the policy expressed in subsection (a), the Special Secretary of State shall convene a Special Interagency Task Force Interagency Task (hereafter in this section referred to as the "Task Force") to review Force, study. and prepare a study on the security supporting assistance program for Egypt. The Task Force may employ consultants for the purpose of Consultants, employment. carrying out such study. (c)(1) The Task Force shall review planned United States economic assistance to Egypt and shall suggest alternatives to such assistance. In carrying out this paragraph, the Task Force shall consider— (A) the interrelationship of United States and Egyptian economic and political interests; (B) the possibility of emphasizing programs designed to enhance the opportunities in the Egyptian private business and agriculture sectors, with special emphasis on low-cost approaches to expedite development; and (C) to the extent appropriate, the views of Egyptian economists and government officials. (2) Based on an analysis of the considerations described in para- Plan. graph (1) and on such other considerations as it may find to be relevant, the Task Force shall develop a plan for the use of future United States economic assistance to Egypt. Such plan shall include, where necessary, suggestions for revising legislation, for specific development projects, and for the staff requirements of the agency'^ primarily responsible for administering part I of the Foreign Assistance Act of 22 USC 2151 1961. (d)(1) In carrying out its responsibilities under paragraphs (1) et seq.. and (2) of subsection (c), the Task Force shall consult, on a regular consultation with basis, with the Committee on Foreign Relations of the Senate and the congressional committees. Committee on International Relations of the House of Representatives. (2) The Task Force shall transmit the plan developed pursuant to Plan, transmittal subsection (c)(2) to the Speaker of the House of Representatives and to the Speaker of the chairman of the Committee on Foreign Relations of the Senate the House and congressional not later than February 15, 1978. (e) Not to exceed $750,000 of the funds authorized and earmarked committee. Funds, for security supporting assistance to Egypt in the fiscal year 1977 shall availability. be available to carry out this section. INTERNATIONAL MILITARY EDUCATION AND TRAINING

SEC. 10. Section 542 of the Foreign Assistance Act of 1961 is amended by striking out "$27,000,000 for the fiscal year 1976 and S30,200,000 for the fiscal year 1977" and inserting in lieu thereof "$31,000,000 for the fiscal year 1978".

22 USC 2347a.

PROHIBITION AGAINST ASSISTANCE AND SALES TO ARGENTINA

SEC. 11. Chapter 1 of part III of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section: "SEC. 620B. PROHIBITION AGAINST ASSISTANCE AND SALES TO ARGEN- 22 USC 2372. TINA.—After September 30, 1978— "(1) no assistance may be furnished under chapter 2, 4, or 5 of part II of this Act to Argentina; 22 USC 2311, 2346, 2347.

�


text:
Page:United States Statutes at Large Volume 91.djvu/654

 91 STAT. 620

22 USC 2751 note.

22 USC 2778.

PUBLIC LAW 95-92—AUG. 4, 1977 "(2) no credits (including participation in credits) may be extended and no loan may be guaranteed under the Arms Export Control Act with respect to Argentina; "(3) no sales of defense articles or services may be made under the Arms Export Control Act to Argentina; and " (4) no export licenses may be issued under section 38 of the Arms Export Control Act to or for the Government of Argentina.". NUCLEAR E N R I C H M E N T AND REPROCESSING TRANSFERS; NUCLEAR DETONATIONS

22 USC 2429. Assistance, agreements and safeguards. 22 USC 2751 note.

Presidential certification, transmittal to Speaker of the House and congressional committee.

Joint resolution.

90 Stat. 765. 22 USC 2429a. 22 USC 2751 note.

SEC. 12. Chapter 3 of part III of the Foreign Assistance Act of 1961 is amended by striking out section 669 and inserting in lieu thereof the following new sections: "SEC. 669. NUCLEAR ENRICHMENT TRANSFERS.—(a) Except as provided in subsection (b), no funds authorized to be appropriated by this Act or the Arms Export Control Act may be used for the purpose of providing economic assistance, providing military or security supporting assistance or grant military education and training, or extending military credits or making guarantees, to any country which, on or after the date of enactment of the International Security Assistance Act of 1977, delivers nuclear enrichment equipment, materials, or technology to any other countiT, or receives such equipment, materials, or technology from any other country, unless before such delivery— " (1) the supplying country and receiving country have reached agreement to place all such equipment, materials, or technology, upon delivery, under multilateral auspices and management when available; and "(2) the recipient country has entered into an agreement with the International Atomic Energy Agency to place all such equipment, materials, technology, and all nuclear fuel and facilities in Such country under the safeguards system of such Agency. "(b)(1) Notwithstanding subsection (a) of this section, the President may furnish assistance which would otherwise be prohibited under such subsection if he determines and certifies in writing to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate that— "(A) the termination of such assistance would have a serious adverse effect on vital United States interests; and "(B) he has received reliable assurances that the country in question will not acquire or develop nuclear weapons or assist other nations in doing so. Such certification shall set forth the reasons supporting such determination in each particular case. "(2) Any joint resolution which would terminate or restrict assistance described in subsection (a) with respect to a country to which the prohibition in such subsection applies shall, if introduced within thirty days after the transmittal of a certification under paragraph (1) of this subsection with respect to such country, be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. "SEC. 670. NUCLEAR REPROCESSING TRANSFERS AND NUCLEAR DETONA-

TIONS.— (a) Except as provided in subsection (b), no funds authorized to be appropriated by this Act or the Arms Export Control Act may be used for the purpose of providing economic assistance, providing military or security supporting assistance or grant military education

�


text:
Page:United States Statutes at Large Volume 91.djvu/655

 PUBLIC LAW 95-92—AUG. 4, 1977 and training, or extending military credits or making guarantees, to any country which on or after the date of enactment of the International Security Assistance Act of 1977— "(1) delivers nuclear reprocessing equipment, materials, or technology to any other country or receives such equipment, materials, or technology from any other country (except for the transfer of reprocessing technology associated with the inve^ticration, under international evaluation programs in which the United States participates, of technologies which are alternatives to pure plutonium reprocessing); or "(2) is not a nuclear-weapon state as defined in article IX (3) of the Treaty on the Non-Proliferation of Nuclear Weapons and which detonates a nuclear explosive device. "(b)(1) Notwithstanding subsection (a) of this section, the President may furnish assistance which would otherwise be prohibited under such subsection if he determines and certifies in writing to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate that the termination of such assistance would be seriously prejudicial to the achievement of United States nonproliferation objectives or otherwise jeopardize the common defense and security. The President shall transmit with such certification a statement setting forth the specific reasons therefor. "(2) Any joint resolution which would terminate or restrict assistance described in subsection (a) with respect to a country to which the prohibition in such subsection applies shall, if introduced within thirty days after the transmittal of a certification under paragraph (1) of this subsection with respect to such country, be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.".

91 STAT. 621

21 UST 483. Presidential certification, submittal to Speaker of the House and congressional committee.

Joint resolution.

90 Stat. 765.

MroDLE EAST PEACE

SEC. 13. Section 903 of the Foreign Assistance Act of 1961 is amended— (1) in subsection (a), by striking out "for the fiscal year 1976 not to exceed $50,000,000 and for the fiscal year 1977 not to exceed $35,000,000" and inserting in lieu thereof "for the fiscal year 1978 not to exceed $25,000,000, of which not less than $12,200',000 shall be available only for the Sinai support mission,"; (2) in subsection (b) — (A) in paragraph (1) — (i) by striking out "and" at the end of clause (B), and = H (ii) by inserting immediately before the semicolon at the end thereof ", and (D) the reasons why the President has determined that it is in the national interest to use funds appropriated under this section for such purpose rather than (i) using funds available for such purpose under part I, or (ii) if no funds are available for such purpose under part I, awaiting the enactment of legislation making funds specifically available for such purpose"; and (B) in paragraph (2), by striking out "provided by clauses (A), (B), and (C) of" and inserting in lieu thereof "required by"; and (3) in subsection (e), by striking out "1977" and inserting in t lieu thereof "1978".
 * f=

Appropriation authorization. 22 USC 2443.

�


text:
Page:United States Statutes at Large Volume 91.djvu/656

 91 STAT. 622

PUBLIC LAW 95-92—AUG. 4, 1977 l*KHIltyrH)-N UN AMHI8TANCE FOR N U d i K A R POWf:KPriANTS

22 USC 2406 "<'*®22 USC 2151 ""*^*

SEC. 14. None of the funds made available to carry out the Foreign Assistance Act of 1961 for the fiscal year 1978 may be used to finance i\yQ construction of, the operation or maintenance of, or the supply of fuel for, any nuclear powerplant under an agreement for cooperation between the United States and any other country. REPEAL OF PROHIBITION RELATING TO THE TWELVE-MILE F I S H I N G L I M I T

Repeal. 22 USC 2753.

SEC. 15. KSection 3(1)) of the Alius Plxport Control Act is repealed. CONGRESSIONAL DISAPPROVAL OF THIRD COUNTRY TRANSFERS

.•V r;

SEC. 16. Section 3(d) of the A r m s E x p o r t Control Act is amended— (1) by striking out ", 30 days prior to giving such consent," in the text preceding paragraph (1); (2) by redesignating such section as section 3(d)(1) and redesignating paragraph s (1) through (5) thereof as subparagraph s (A) through (E), respectively; and (3) by adding the following new paragraph at the end thereof: " (2) Unless the President states in the certification submitted pursuant to this subsection that an emergency exists which requires that consont to the proposed transfer become effective immediately in the national security interests of the United States, such consent shall not become effective until 30 calendar days after the date of such submission and such consent shall become effective then only if the Congress does not adopt, within such 30-day period, a concurrent resolution disapproving the proposed transfer.".

> i'<*

'

TRAXSKKRS OK DEFENSE ARTICLES AND DEFENSE SERVICES FOR MAINTENANCE, REPAIR, AND OVERHAUL

SEC. 17. Section 3(d) of the A r m s E x p o r t Control Act, as amended by section 16 of this Act, is further amended by adding the following new paragraph at the end thereof: " (3) This subsection shall not apply— " (A) to transfers of maintenance, repair, or overhaul defense services, or of the repair parts or other defense articles used in furnishing such services, if the transfer will not result in any increase, relative to the original specifications, in the military capability of the defense articles and services to be maintained, repaired, or overhauled; " (B) to temporary transfers of defense articles for the sole purpose of receiving maintenance, repair, or overhaul; or " (C) to cooperative cross servicing arrangements among members of the North Atlantic Treaty Organization.". PROHIBITION AGAINST SALES, CREDITS, AND GUARANTIES TO COUNTRIES W H I C H GRANT SANCTUARY TO INTERNATIONAL TERRORISTS

SEC. 18. Section 3 of the A r m s E x p o r t Control Act is amended by adding at the end thereof the following new subsection: " (f)(1) Unless the President finds that the national security requires otherwise, he shall terminate all sales, credits, and guaranties under this Act to any government which aids or abets, by g r a n t i n g sanctuary from prosecution to, any individual or group which has committed an act of international terrorism. The President may not thereafter

�


text:
Page:United States Statutes at Large Volume 91.djvu/657

 91 STAT. 623

PUBLIC LAW 95-92—AUG. 4, 1977 make or extend sales, credits, or guaranties to such government until the end of the one year period beginning on the date of such termination, except that if during its period of ineligibility for sales, credits, and guaranties pursuant to this section such government aids or abets, by granting sanctuary from prosecution to, any other individual or group which has committed an act of international terrorism, such government's period of ineligibility shall be extended for an additional year for each such individual or group. "(2) If the President finds that the national security justifies a continuation of sales, credits, or guaranties to any government described in paragraph (1), he shall report such finding to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate.".

Presidential report to Speaker of the House and congressional committee.

FOREIGN MILITARY SALES AUTHORIZATION AND AGGREGATE CEILING

SEC. 19. Section 31 of the xVrms Export Control Act is amended— 22 USC 2771. (1) in subsection (a), by striking out all in the first sentence after "not to exceed" the first time it appears and inserting in lieu thereof "$677,000,000 for the fiscal year 1978."; (2) in subsection (b), by striking out all after "shall not exceed" the first time it appears and inserting in lieu thereof "$2,102,350,000 for the fiscal year 1978, of which not less than $1,000,000,000 shall be available only for Israel."; and (3) in subsection (c) — (A) in the first sentence, by striking out "the fiscal years 1976 and 1977" and inserting in lieu thereof "the fiscal year 1978"; and (B) in the last sentence, by striking out "each". LICENSES FOR THE EXPORT OF CERTAIN MAJOR DEFENSE

EQUIPMENT

SEC. 20. Section 38(b)(3) of the Arms Export Control Act is 22 USC 2778. amended by adding at the end thereof the following new sentence: Presidential "The prohibition contained in the first sentence of this paragraph certification, shall not apply to the issuance of licenses under this section for the submittal to Speaker of export of major defense equipment to Australia, Japan, or New Zea- House and the land, or major defense equipment sold commercially in implementa- congressional tion of an agreement between the United States Government and the committee. government of a foreign country for the production of the major defense equipment to which such licenses relate if the President has submitted a certificate with respect to such proposed agreement, prior to its signature, to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate in the same form as the certification required under section 36(b) of this Act and subject to the requirements of such section.". 22 USC 2776. FISCAL YEAR

1977

AUTHORIZATIONS AND

LIMITATIONS

SEC, 21. Authorizations of appropriations and limitations of authority applicable to the fiscal year 1977 contained in provisions of law amended by this Act shall not be affected by enactment of this Act.

22 USC 2151 note.

ASSISTANCE AND SALES TO GREECE AND TURKEY

SEC. 22. (a) In addition to any amounts authorized to be appropriated by any amendment made by this Act which may be available for such purpose, there are authorized to be appropriated such sums

Appropriation authorization.

�


text:
Page:United States Statutes at Large Volume 91.djvu/658

 PUBLIC LAW 95-92—AUG. 4, 1977

91 STAT. 624

as may be necessary for the fiscal year 1978 to carry out international agreements relating to defense cooperation with Greece and Turkey. (b) No funds appropriated under this section may be obligated or expended to carry out any agreement described in subsection (a) until legislation has been enacted approving such agreement. (c) Funds appropriated for the fiscal year 1978 may not be obligated for assistance to Turkey under chapters 2 and 5 of part II of 22 USC 2311 the Foreign Assistance Act of 1961, other than in accordance with et seq, 234^7 etseq. section 620(x) of such Act. 22 USC 2370. (d) Section 620(x)(1) of the Foreign Assistance Act of 1961 is amended— (1) by striking out "for the fiscal year 1976, the period beginning July 1, 1976, and ending September 30, 1976, and the fiscal year 1977," and inserting in lieu thereof "for the fiscal year 1978"; (2) by striking out "(A) during the fiscal year 1976 and the period Seginning July 1, 1976, and ending September 30, 1976, the total value of defense articles and defense services sold to Turkey under such Act, either for cash or financed by credits and uaranties, shall not exceed $125,000,000, and (B) during the seal year 1977," and inserting in lieu thereof "during the fiscal year 1978"; and (3) by striking out "$125,000,000" the second place it appears and inserting in lieu thereof "$175,000,000".

G

ARMS SALES AND UNITED STATES DEFENSE Report to Congress.

22 USC 2751 note. Contents.

READINESS

SEC. 23. The President shall prepare and submit to the Congress not later than March 15, 1978, a report on the impact of United States foreign arms sales and transfers on United States defense readiness and national security. The report should focus on arms sales since 1972 arid discuss the impact of such sales on United States troops stationed overseas. The report shall also include an analysis of United States foreign arms sales and transfers which have involved agreements entered into by the United States for the purchase or acquisition by the United States of defense articles, services, or equipment, or other articles, services, or equipment of any foreign country or international organization in connection with or as consideration for such United States foreign arms sales and transfers, including— (1) an analysis of the impact such agreements have had upon United States business concerns which might otherwise have provided such articles, services, or equipment to the United States; (2) an estimate of the costs incurred by the United States in connection with such agreements compared with the costs which would otherwise have been incurred; (3) an estimate of the economic impact and unemployment which have resulted from such agreements; and (4) an analysis of whether such costs and such domestic economic impact have justified entering into such agreements. STUDY OF TECHNOLOGY TRANSFERS

22 USC 2751 note.

Contents.

SEC. 24. (a) The President shall conduct a comprehensive study of the policies and practices of the United States Government with respect to the national security and military implications of international transfers of technology in order to determine whether such policies and practices should be changed. Such study shall examine— (1) thenatureof technology transfer;

�


text:
Page:United States Statutes at Large Volume 91.djvu/659

 PUBLIC LAW 95-92—AUG. 4, 1977 (2) the effect of technology transfers on United States technological superiority; (3) the rationale for transfers of technology from the United States to foreign countries; (4) the benefits and risks of such transfers; (5) trends in technology transfers by the United States and other countries; (6) the need for controls on transfers of technology, including controls on the use of transferred technology, the effectiveness of existing end-use controls, and possible unilateral sanctions if enduse restrictions are violated; (7) the effectiveness of existing organizational arrangements in the Executive branch in regulating technology transfers from the United States; (8) the adequacy of existing legislation and regulations with respect to transfers of technology from the United States; and (9) the possibilities for international agreements with respect to transfers of technology. (b) In conducting the study required by subsection (a), the President shall utilize the resources and expertise of the Arms Control and Disarmament Agency, the Department of State, the Department of Defense, the Department of Commerce, the National Science Foundation, the Office of Science and Technology Policy, and such other entities within the Executive branch as he deems necessary. (c) Not later than the end of the one-year period beginning on the date of enactment of this section, the President shall submit to the Congress a report setting forth in detail the findings made and conclusions reached as a result of the study conducted pursuant to subsection (a), together with such recommendations for legislation and administrative action as the President deems appropriate.

91 STAT. 625

Report to Congress. Legislative recommendations.

POLICY ON ZAIRE

SEC. 25. No assistance of any kind may be furnished for the fiscal Report to year 1978 for the purpose, or which would have the effect, or pro- Speaker of the moting or augmenting, directly or indirectly, any military or para- House and military operations in Zaire unless and until the President determines congressional that such assistance should be furnished in the national security inter- committee. 22 USC 2370 ests of the United States and submits to the Speaker of the House of note. Representatives and the Committee on Foreign Relations of the Senate a report containing— (1) a detailed description of the assistance proposed to be furnished, including the amounts of such assistance, the categories and specific kinds of assistance proposed, and the purposes for which such assistance will be used; and (2) a certification that the President has determined that the furnishing of such assistance is important to the national security interests of the United States and a detailed statement, in unclassified form, of the reasons supporting such determination. POLICY STATEMENT ON UNITED STATES ARMS SALES TO ISRAEL

SEC. 26. In accordance with the historic special relationship between 22 USC 2751 the United States and Israel and previous agreements and continuing note. understandings, the Congress ioins with the President in reaffirming that a policy of restraint in United States arms transfers, including arms sales ceilings, shall not impair Israel's deterrent strength or undermine the military balance in the Middle East.

�


text:
Page:United States Statutes at Large Volume 91.djvu/660

 91 STAT. 626

PUBLIC LAW 95-92—AUG. 4, 1977 REVIEW OF ARMS SALES COXTROLS ON NOXLETHAL ITEMS

22 USC 2751 note.

SEC. 27. The President shall undertake a review of all regulations relating to arms control for the purpose of defining and categorizing lethal and non-lethal products and establishing the appropriate level of control for each category. REPUBLIC o r

Cooperation with Department of Justice investigation.

Report to Congress.

KOREA

SEC, 28. (a)(1) It is the sense of the Congress that the President should take all effective measures to assure that the Republic of Korea is cooperating fully with the investigation (including any resulting prosecutions) being conducted by the Department of Justice with respect to allegations of improper activity in the United States by agents of the Republic of Korea. (2) Accordingly, the President is requested to report to the Congress, within ninety days after the date of enactment of this Act and once during each ninety-day period thereafter while such investigation (including any resulting prosecutions) is underway, with respect to the extent to which the Republic of Korea is cooperating with such investigation. (b) It is the further sense of the Congress that the President should take all effective measures to assure that the Republic of Korea is cooperating fully with the investigations being conducted by committees of Congress. PIASTER CONVERSION

22 USC 2431 note.

SEC. 29. No provision of law shall be construed to prevent payment of claims of former and present Vietnamese employees of the Agency for International Development, who presently reside in the United States, for the conversion of Vietnamese piasters to dollars because such conversion cannot take place in the territory of the former Republic of Vietnam or because the official with whom such piasters were deposited was not a United States disbursing officer. Approved August 4, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-274 (Comm. on International Relations) and No. 95-503 (Comm. of Conference). SENATE REPORT No. 95-195 accompanying S. 1160 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 123 (1977): May 23, 24, considered and passed House. June 15, considered and passed Senate, amended, in lieu of S. 1160. July 21, House agreed to conference report. July 22, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 32: Aug. 5, Presidential statement.

�


text:
Page:United States Statutes at Large Volume 91.djvu/661

 PUBLIC LAW 9 5 - 9 3 — A U G. 5, 1977

91 STAT. 627

Public Law 95-93 95th Congress An Act To provide employment and training opportunities for youth, and to provide for other improvements in employment and training programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the " Y o u t h Employment and Demonstration Projects Act of 1977".

TITLE I—YOUNG ADULT CONSERVATION CORPS

Aug. 5, 1977 [H.R. 6138]

Youth Employment and Demonstration Projects Act of 1977. 29 USC 801 note.

AMENDMENT ESTABLISHING THE CORPS

SEC. 101. The Comprehensive Employment and T r a i n i n g Act of 1973 is amended by adding at the end thereof the following new title:

29 USC 801 note.

" TITLE VIII—YOUNG ADULT CONSERVATION CORPS " STATEMENT O F PURPOSE

" SEC. 801. I t is the purpose of this title to establish a Young A d u l t 29 USC 993. Conservation Corps to provide employment and other benefits to youths who would not otherwise be currently productively employed, through a period of service during which they engage in useful conservation work and assist in completing other projects of a public n a t u r e on Federal and non-Federal public lands and waters. "ESTABLISHMENT OF YOUNG ADULT CONSERVATION CORPS

" SEC. 802. To carry out the purposes of this title, there is hereby 29 USC 993a. established a Y o u n g A d u l t Conservation Corps to carry out projects on Federal or non-Federal public lands or waters. The Secretary of Administration. Labor shall administer this title through interagency agreements with the Secretaries of the Interior and Agriculture. Pursuant to such interagency agreements, the Secretaries of the Interior and Agriculture shall have responsibility for the management of each Corps center, including determination of Corps members' work assignments, selection, training, discipline, and termination, and shall be responsible for an effective program at each center. "SELECTION OF ENROLLEES

" SEC. 803. (a) Enrollees of the Corps shall be selected by the Secre- 29 USC 993b. taries of the Interior and Agriculture only from candidates referred by the Secretary of Labor. " (b)(1) Membership in the Corps shall be limited to individuals who, at the time of enrollment— " (A) are unemployed; " (B) are between t\\& ages sixteen to twenty-three, inclusive;

�


text:
Page:United States Statutes at Large Volume 91.djvu/662

 91 STAT. 628

Candidate referral. 29 USC 812. 29 USC 872. 29 USC 873.

29 USC 844. Maximum enrollment period.

PUBLIC LAW 95-93-—AUG. 5, 1977 "(C) are citizens or lawfully permanent residents of the United States or lawfully admitted refugees or parolees; "(D) are capable, as determined by the Secretary of Labor, of carrying out the work of the Corps for the estimated duration of each such individual's enrollment. "(2) Individuals who, at the time of enrollment, have attained age sixteen but not attained age nineteen and who have left school shall not be admitted to membership in the Corps unless they give adequate assurances, under criteria established by the Secretary of Labor, that they did not leave school for the purpose of enrolling in the Corps and obtaining employment under this title. "(c) The Secretary of Labor shall make arrangements for obtaining referral of candidates for the Corps from the public employment service, prime sponsors qualified under section 102 of this Act, sponsors of Native American programs qualified under section 302 of this Act, sponsors of migrant and seasonal farmworker programs under section 303 of this Act, the Secretaries of the Interior and Agriculture, and such other agencies and organizations as the Secretary of Labor may deem appropriate. The Secretary of Labor shall undertake to assure that an equitable proportion of candidates shall he referred from each State. "(d) In referring candidates from each State in accordance with subsection (c), preference shall be given to youths residing in ruiul and urban areas within each such State having substantial unemployment, including areas of substantial unemployment determined by the SecI'etary of Labor under section 204(c) of this Act to have rates of unemployment equal to or in excess of 6.5 per centum. "(e)(1) No individual may be enrolled in the Corps for a, total period of more than twelve months, with such maximum period consisting of either one continuous twelve-month period, or three or less periods which total twelve months, except that an individual who attains the maximum permissible enrollment age may continue in the Corps up to the twelve-month limit provided in this subsection only as long as the individual's enrollment is continuous after having attained the maximum age. " (2) No individual shall be enrolled in the Corps if solely for purposes of membership for the normal period between school terms. "ACTIVITIES OF THE CORPS

Residential and nonresidential Corps centers. 29 USC 993c.

"SEC. 804. (a) Consistent with each interagency agreement, the Secretary of the Interior or Agriculture, as appropriate, in consultation with the Secretary of Labor shall determine the location of each residential and nonresidential Corps center. The Corps shall perform work on projects in such fields as— "(1) tree nursery operations, planting, pruning, thinning, and other silviculture measures; "(2) wildlife habitat improvements and preservation; "(3) range management improvements; "(4) recreation development, rehabilitation, and maintenance; " (5) fish habitat and culture measures; " (6) forest insect and disease prevention and control; " (7) road and trail maintenance and improvements; " (8) general sanitation, cleanup, and maintenance; " (9) erosion control and flood damage; i "(10) drought damage measures; and

�


text:
Page:United States Statutes at Large Volume 91.djvu/663

 PUBLIC LAW 95-93—AUG. 5, 1977

91 STAT. 629

" (11) other natural disaster damage measures. " (b)(1) The Secretary of the Interior and the Secretary of Agriculture shall undertake to assure that projects on which work is performed under this title are consistent with the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National 16 USC 1601 Forest Management Act of 1976, and such other standards relating to note. such projects as each Secretary shall prescribe consistent with other 16 USC 1600 provisions of Federal law. note. "(2) The Secretary of the Interior and the Secretary of Agriculture shall place individuals employed as Corps members into jobs which will diminish the backlog of relatively labor intensive projects which would otherwise be carried out if adequate funding were made available. eorps projects. "(c) To the maximum extent practicable, projects shall— "(1) be labor intensive; "(2) be projects for which work plans could be readily developed; " (3) be able to be initiated promptly; " (4) be productive; "(5) be likely to have a lasting impact both as to the work performed and the benefit to the youths participating; "(6) provide work experience to participants in skill areas required for the projects; " (7) if a residential program, be located, to the maximum extent consistent with the objectives of this title, in areas where existing residential facilities for the Corps members are available; and " (8) be similar to activities of persons employed in seasonal and part-time employment in agencies such as the National Park Service, United States Fish and Wildlife Service, Bureau of Reclamation, Bureau of Land Management, Bureau of Indian Affairs, Forest Service, Bureau of Outdoor Recreation, and Soil Conservation Service. "(d)(1) The Secretary of the Interior and the Secretary of Agri- Facilities, culture, pursuant to agreements with the Secretary of Labor, may supplies, and provide for such transportation, lodging, subsistence, medical treat- equipment. ment, and other services, supplies, equipment, and facilities as fhej may deem appropriate to carry out the purposes of this part. To minimize transportation costs. Corps members shall be assigned to projects as near to their homes as practicable. "(2) Whenever economically feasible, existing but unoccupied or underutilized Federal, State and local government facilities and equipment of all types shall, where appropriate, be utilized for the purposes of the Corps centers with the approval of the Federal agency, State, or local government involved. "(e) The Secretary of Labor, in carrying out the purpose of this Academic credit title, shall work with the Department of Health, Education, and granted for work Welfare to make suitable arrangements whereby academic credit may experience. be awarded by educational institutions and agencies for competencies derived from work experience obtained through programs established under this title. II

CONDITIONS APPLICABLE TO CORPS ENR0LLEE8

"SEC. 805. (a) Except as otherwise specifically provided in this sub- 29 USC 993d. section. Corps members shall not be deemed Federal employees and shall not be subject to the provisions of law relating to Federal employ-

�


text:
Page:United States Statutes at Large Volume 91.djvu/664

 91 STAT. 630

Work injuries compensation.

5 USC 8101.

Tort claims.

28 USC 2671.

Quarters allowances.

Wages, hours, and working conditions.

29 USC 206.

PUBLIC LAW 95-93—AUG. 5, 1977 ment including those regarding hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits: "(1) For purposes of the Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.) and title II of the Social Security Act (42 U.S.C. 401 et seq.), Corps members shall be deemed employees of the United States and any service performed by a person as a Corps member shall be deemed to be performed in the employ of the United States. "(2) For purposes of subchapter 1 of chapter 81 of title 5 of the United States Code, relating to compensation to Federal employees for work injuries. Corps members shall be deemed civil employees of the United States within the meaning of the term 'employee' as defined in section 8101 of title 5, United States Code, and provisions of that subchapter shall apply, except that the term 'performance of duty' shall not include any act of a Corps member while absent from the member's assigned post of duty, except while participating in an activity (including an activity while on pass or during travel to or from such post of duty) authorized by or under the direction and supervision of the Secretary. "(3) For purposes of chapter 171 of title 28 of the United States Code, relating to tort claims procedure. Corps members shall be deemed civil employees of the United States within the meaning of the term 'employee of the Government' as defined in section 2671 of title 28, United States Code, and provisions of that chapter shall apply. "(4) For purposes of section 5911 of title 5 of the United States Code, relating to allowances for quarters. Corps members shall be deemed civil employees of the United States within the meaning of the term 'employee' as defined in that section, and provisions of that section shall apply. "(b) The Secretary of Labor shall, in consultation with the Secretaries of the Interior and Agriculture, establish standards for— "(1) rates of pay which shall be at least at the wage required by section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended; " (2) reasonable hours and conditions of employment; and " (3) safe and healthful working and living conditions. "STATE AND LOCAL PROGRAMS

Grants. 29 USC 993e.

Grant applications.

806. (a) Consistent with interagency agreements with the Secretary of Labor, the Secretaries of the Interior and Agriculture may make grants or enter into other agreements— "(1) after consultation with the Governor, with any State agency or institution; "(2) after consultation with appropriate State and local officials, with (A) any unit of general local government, or (B)(i) any public agency or organization, or (ii) any private nonprofit agency or organization which has been in existence for at least two years; for the conduct under this title of any State or local component of the Corps or of any project on non-Federal public lands or waters or any project involving work on both non-Federal and Federal lands and waters. "(b) No grant or other agreement may be entered into under this section unless an application is submitted to the Secretary of the Interior or the Secretary of Agriculture, as the case may be, at such time as each such Secretary may prescribe. Each grant application ''SEC.

�


text:
Page:United States Statutes at Large Volume 91.djvu/665

 PUBLIC LAW 95-93—AUG. 5, 1977 shall contain assurances that individuals employed under the project for which the application is submitted— "(1) meet the qualifications set forth in section 803(b), " (2) shall be employed in accordance with section 805(b), and " (3) shall be employed in activities that— " (A) will result in an increase in employment opportunities over those opportunities which would otherwise be available, "(B) will not result in the displacement of currently employed workers (including partial displacement such as reduction in the hours of nonovertime work or wages or employment benefits), "(C) will not impair existing contracts for services or result in the substitution of Federal for other funds in connection with work that would otherwise be performed, "(D) will not substitute jobs assisted under this title for existing federally assisted jobs, and " (E) will not result in the hiring of any youth when any other person is on layoff from the same or any substantially equivalent job. " (c) Thirty percent of the sums appropriated to carry out this title for any fiscal year shall be made available for grants under this section for such fiscal year and shall be made on the basis of total youth population within each State.

91 STAT. 631

"SECRETARIAL REPORTS

"SEC. 807. The Secretary of Labor, the Secretary of the Interior and the Secretary of Agriculture shall jointly prepare and submit to the President and to the Congress a report detailing the activities carried out under this title for each fiscal year. Such report shall be submitted not later than February 1 of each year following the date of enactment of this Act. The Secretaries shall include in such report such recommendations as they deem appropriate.

Report to President and Congress, ^^ ^^^ ^^^•

a AXTIDISCRIMINATION

"SEC. 808. (a) Xo persons with responsibilities in the operations of 29 USC 993g. such programs shall discriminate with respect to participation in such programs because of race, creed, color, national origin, sex, political affiliation, or beliefs. " (b) The Corps shall be open to youth from all parts of the country of both sexes and youth of all social, economic, and racial classifi^,,,.... cations. "TRANSFER OF FUNDS

"SEC. 809. Funds necessary to carry out their responsibilities under 29 USC 993h. this title shall be made available to the Secretaries of the Interior and Agriculture in accord with interagency agreements between the Secretary of Labor and the Secretaries of the Interior and Agriculture. "AUTHORIZATION OF APPROPRIATIONS

"SEC. 810. There are authorized to be appropriated such sums as 29 USC 993i. may be necessary for the fiscal year 1978 and for each fiscal year ending prior to October 1, 1980, for the purpose of carrying out this title.".

�


text:
Page:United States Statutes at Large Volume 91.djvu/666

 9 1 STAT. 632

PUBLIC LAW 9 5 - 9 3 — A U G. 5, 1977 i

TITLE II—YOUTH EMPLOYMENT DEMONSTRATION f PROGRAMS ^ • '<

YOUTH PROJECTS AND ACTIVrTIES AUTHORIZED

SEC. 201, Title III of the Comprehensive Employment and T r a i n i n g Act of 1973 is amended by adding at the end thereof the following new part: " P A R T C — Y O U T H EMPLOYMENT DEMONSTRATION PROGRAM STATEMENT OF PURPOSE

29 USC 891.

" SEC. 321, I t is the purpose of this part to establish a variety of employment, t r a i n i n g and demonstration programs to explore methods of dealing with the structural unemployment problems of the Nation's youth. The basic purpose of the demonstration programs shall be to test the relative efficacy of different ways of dealing with these problems in different local contexts, but this basic purpose shall not preclude the funding of programs dealing with the immediate difficulties faced by youths who are in need of, and unable to find, jobs. I t is explicitly not the purpose of this part to provide make-work opportunities for unemployed y o u t h; instead, it is the purpose to provide youth, and particularly economically disadvantaged youth, with opportunities to learn and earn that will lead to meaningful employment opportunities after they have completed the program. "SUBPART I — Y O U T H INCENTIVE ENTITLEMENT P I L O T PROJECTS "ENTITLEMENT PILOT PROJECTS AUTHORIZED

29 USC 892.

.y:€*;:v

Prime sponsors.

-'

.,,

,

" SEC. 325. (a) The Secretary shall enter into arrangements with prime sponsors selected in accordance with the provisions of this subpart for the purpose of demonstrating the efficacy of guaranteeing otherwise unavailable part-time employment, or combination of parttime employment and training, for economically disadvantaged youth between the ages of sixteen and nineteen, inclusive, during the school year who resume or maintain attendance in secondary school for the purpose of acquiring a high school diploma or in a program which leads to a certificate of hi^h school equivalency and full-time employment or part-time em]:)loyment and t r a i n i n g during the summer months to each such youth. " (b) E a c h prime sponsor who applies for and is selected by the Secretary to carry out a pilot project under this subpart shall guarantee such employment to each such unemployed youth who resides within the area or a designated part thereof served by the prime sponsor and who applies to that prime sponsor for employment. The Secretary shall provide to each prime sponsor, from funds appropriated for carrying out this subpart, in combination with any funds made available by such prime sponsor according to an agreement made pursuant to section 3 2 7 (a)(4)(F), the amount to which that prime sponsor is entitled under subsection (c). " (c) E a c h prime sponsor shall be entitled to receive, for each youth who is provided employment by that prime sponsor, the costs associated with providing such employment. Such costs shall take into account funds made available by such prime sponsor under section 3 2 7 (a)(4)(F).

�


text: Page:Folk-lore - A Quarterly Review. Volume 7, 1896.djvu/421


text:
Page:United States Statutes at Large Volume 91.djvu/667

 PUBLIC LAW 95-93—AUG. 5, 1977

91 STAT. 633

EMPLOYMENT GUARANTEES

" SEC. 326. Employment opportunities guaranteed under this subpart shall take the form of any one of the following or combination thereof: " (1) Part-time employment or training or combination thereof during the school year, not to exceed an average of twenty hours per week for each youth employed, and not to last less than six months nor more than nine, or projects operated by community-based organizations of demonstrated effectiveness which have a knowledge of the needs of disadvantaged y o u t h; local educational agencies (as defined in section 801(f) of the P]lementary and Secondary Education Act of 1965); institutions of higher education (as defined in section 1201(a) of the Higher Education Act of 1965); nonprofit private organizations or institutions engaged in public service; nonprofit voluntary youth organizations; nonprofit private associations, such as labor organizations, educational associations, business, cultnral, or other private associations; units of general local government; or special purpose political subdivisions either having the power to levy taxes and spend funds or serving such special purpose in two or more units of general local government. " (2) Part-time employment on an individual basis in any of the institutions and undei- the same conditions provided for in clause (1). " (3) Part-time employment on either a project or individual basis in any of the institutions and under the same conditions as provided in clause (1) which includes as part of the employment on-the-job or apprenticeship training. " (4) Full-time employment during the sununer months, not to exceed forty hours per week for each youth employed, and not to last less than eight weeks, in any of the institutions described in clause (1) of this section. "SELECTING

I'RIME

29 USC 892a. Part-time employment,

20 USC 881. 20 USC 1141.

,

Full-time employment,

SPONSORS

" SEC. 327. (a) I n selecting prime sponsors to operate youth incentive 29 USC 892b. entitlement projects, the Secretary shall— " (1) select prime sponsors from areas with differing socioeconomic and regional circumstances such as differing unemployment rates, school dropout rates, urban and rural variations, size, and other such factors designed to test the efficacy of a youth job entitlement in a variety of differ-ng locations and circumstances; " (2) take into consideration the extent to which the prime sponsors devote funds made available under title I and section 304(a)(1), (2), and (3) of this Act for the purpose of carrying 29 USC 811, out a youth incentive entitlement project or for supportive 874. services; " (3) take into consideration the extent to wdiich new and different classifications, occupations, or restructured jobs are created for y o u t h; " (4) select only prime sponsors which submit proposals which include—• " (A) a description of the procedure to be utilized by the prime sponsor to publicize, consider, approve, audit, and

�


text:
Page:United States Statutes at Large Volume 91.djvu/668

 9 1 STAT. 634

i

29 USC 811. 29 USC 874.

29 USC 214.

PUBLIC LAW 9 5 - 9 3 — A U G. 5, 1977 monitor youth incentive projects or jobs funded by the prime sponsor under this part, inchiding copies of proposed application niaterials, as well as examples of audit and client characteristics reports; " (B) a statement of the estimated number of economically disadvanta<^ed youth to be served by the priiue sponsor, and assurances that only such disadvantaged youth will be served; "((y) assurances that the provisions of section 352 and 353 are met relating to wage provisions and special conditions; " (I)) assurances that the prime sponsor has consulted with public and private nonprofit educational agencies including vocational and postsecondary education institutions and other agencies which offer higli school equivalency program s; public einployers, including law enforcement and judicial agencies; labor organizations; voluntary youth groups; comrmmity-based organizations; organizations of demonstrated effectiveness with a special knowledge of the needs of such disadvantaged y o u t h; and with the {)rivate sector in the development of the plan, and assurances that arrangements are made with appropriate groups to assist the prime sponsor in carrying out the purposes of this subpart; " (E) assurances that arrangements are made with the State employment security agencies to carry out the purposes of this subpart; " (F) an agreement that title I funds planned for economically disadvantaged youth employment programs and funds available for the summer youth program under section 304 for youth eligible under subsection (a) will be used in support of the project authorized under this subpart; " (G) assurances that the employment of eligible youth meets the requirements of eligible activities under section 328; "(IT) assurances that participating youth shall not be employed more than an average of twenty hours per week during the school year and not more than forty hours per week during the suimner; " (I) assurances that a participating youth is not a relative of any person with responsibility for hiring a person to fill that j o b; " (J) assurances that whenever employment involves additional on-the-job, institutional, or apprenticeship training provided by the employer, and if such t r a i n i n g is not paid for in full or in part by the prime sponsor under any other program authorized under this Act, wages may be paid in accordance with the provisions of subsection (b) of section 14 of the F a i r Labor Standard s Act of 1938, and with the balance being applied to the cost of t r a i n i n g; " (K) assurances that arrangements have been made with the appropriate local education agency or with the institution offering a certified high school equivalency program that such youth is enrolled and meeting the minimum academic and attendance requirements of that school or education program and with employers that such youth meet the minimum work and attendance requirements of such employment and that any employment guarantee is conditioned on such enrollment: and

�


text:
Page:United States Statutes at Large Volume 91.djvu/669

 PUBLIC LAW 95-93—AUG. 5, 1977

91 STAT. 635

" (L) assurances that the prime sponsor will make available the data necessary for the Secretary to prepare the report rcq^uired by section 329. " (b) Tn a p p r o v m ^ a priine sponsor to operate a youth incentive Efficacy tests for entitleinent pilot project under this subpart the Secretary may also certain projects. test the efficacy of any such project involving— " (1) the use of a variety of subsidies to private for-profit employers, uotwithstanding the provisions of sections 326 and 328 (a), to encourage such employers to provide employment and training op{)ortunities under this subpart, but no such subsidy shall exceed the net cost to the employer of the wages paid and t r a i n i n g provided; " (2) arrangements with unions to enable youth to enter into apprenticeship ti-aining as part of the employment provided under this subpart; " (3) a variety of administrative mechanisms to facilitate the employment of youths under an entitlement arrangement; " (4) the inclusion of economically disadvantaged youths between the ages of nineteen and twenty-five who have not received their high school d i p l o m a; " (5) the inclusion of occupational and career counseling, outreach, career, exploration, and on-the-job t r a i n i n g and apprenticeship as part of the employment entitlement; and " (6) the inclusion of youth under the jurisdiction of the juvenile or criminal justice system with the approval of the appropriate authorities. "SPECIAL PROVISIONS

"SIX*. 328, (a) Employment and t r a i n i n g under this subpart shall Participant develop the participant's role as a meaningful member of the com- development. nnmity, and may include, but is not limited to, employment and train- 29 USC 892c. ing in such fields as environmental quality, health care, education, social services, public safety, crime prevention and control, transportation, recreation, neighborhood improvement, r u r a l development, conservation, beautification, and community improvement projects. " (b) No funds for employment under this subpart shall be used to provide public services through a nonprofit organization, association, or institution, or a nonprofit private institution of higher education, or any other applicant, which were previously provided by a political subdivision or local educational agency in the area served by the project or where the employment and t r a i n i n g takes place, and no funds will Ixi used under this subpart to provide such services through such an organization or institution which are customarily provided only by a political subdivision or local educational agency in the area served by such project or where the employment and t r a i n i n g takes place.

((REPORTS " SEC. 329. The Secretary shall report to the Congress not later than Reports to March 15, 1978, on his interim findings on the efficacy of a youth Congress. incentive entitlement. The Secretary shall submit another report not 29 USC 892d. later than December 31, 1978 concerning the youth incentive entitlement projects authorized under this subpart. Included in such reports shall be findings with respect to— " (1) the number of youths enrolled at the time of the report; " (2) the cost of providing employment opportunities to such youths;

�


text:
Page:United States Statutes at Large Volume 91.djvu/670

 91 STAT. 636

PUBLIC LAW 95-93—AUG. 5, 1977 • '

i-

" (3) the degree to which such cniployinont oppoiiuuitios have caused out-of-school youths to return to school or others to reinaiii in school; " (4) the number of youths provided employment in relation to the total which might have been eligiblo; " (5) the kinds of jobs provided such youths and a description of the eiuployers—public and private—providing such employment; "(G) the degree to which on-the-job or apprenticeship training has been offered as part of the employment; " (7) the estinuited cost of such a program if it wore to bo extended to all areas; " (8) the effect such employment opportunities have had on reducing youth unemployiuent in the areas of the prime sponsors operating a project; and " (0) the impact of job opportunities provided under the project on other job opportunities for youths in the area.

"SiJurAirr 2—Yoirrii CoMnruNrry CONTSKUVATION AND IMPROVI^MKNT PROJECTS "STATKMKNT OK RUKPOSE

29 USC 893.

" SEC. 331. It is the puiposo of this sub{)art to establish a program of conununity conservation and im{)rovement projects to provide etriployment, work experience, skill training, and opportunities for couuiuinity service to eligible youths, for a period not to exceed twelve months, supplementary to but not replacing opportunities available under title I of this Act.

29 USC 811.

"DEIINITIONS

29 USC 893a. 29 USC 812. 29 USC 872. 29 USC 873. 29 USC 981.

'

J..,,

"SKC. 332. As used in this subpart, the term— " (1) 'eligible applicant' means any prime sponsor qualified under section 102 of this Act, sponsors of Native American programs qualified under section 302(c)(1) of this Act, and sponors of migrant and seasonal farmworlcer programs qualified under section 303 of this Act; " (2) 'project applicant' shall have the same meaning as in section 701(a) (15) of this Act; " (3) 'eligible youths' means individuals who are unemployed and, at the time of entering employment under this subpart, are ages sixteen to nineteen, inclusive; and " (4) 'community improvement projects' means projects providing work which would not otherwise be carried out, including, but not limited to, the rehabilitation or improvement of public facilities; neighborhood improvements; weatherization and basic repairs to low-income housing; energy conservation including solar energy techniques, especially those utilizing materials and supplies available without cost; and conservation, maintenance, or restoration of natural resources on publicly held lands other than Federal lands. "AT>U)CA'riON OK KCNDS

29 USC 893b.

" SEC. 333. (a) Funds available to carry (mt this subpart for any fiscal year shall be allocated in such a matter that not less than 75 per

�


text: Page:Folk-lore - A Quarterly Review. Volume 7, 1896.djvu/422


text:
Page:United States Statutes at Large Volume 91.djvu/671

 PUBLIC LAW 9 5 - 9 3 — A U G. 5, 1977

91 STAT. 637

centum of such funds shall be allocated among the States on the basis of the relative number of unemployed persons within each State as compared to all States, except that not less than one-half of 1 per centum of such funds shall be allocated for projects under this subpart within any one State and not less than one-half of 1 per centum of such funds shall be allocated in the aggregate for projects in Guam, the Virgin Islands, American Samoa, the Northern Marianas, and the Trust Territory of the Pacific Islands. " (b) Of the funds available for this subpart 2 percent shall be available for projects for Native American eligible youths, and 2 percent shall be available for projects for eligible youths in m i g r a n t and seasonal farmworker families. " (c) The remainder of the funds available for this subpart shall be allocated as the Secretary deems appropriate. "COMMUNITY

CONSERVATION

AND IMPROVEMENT PROJECTS

YOUTH

'

EMPLOYMENT

" SEC. 334. The Secretary is authorized, in accordance with the pro- 29 USC 893c. visions of this subpart, to enter into agreements with eligible applicants to pay the costs of community conservation and improvement youth employment projects to be carried out by project applicants employing eligible youths and appropriate supervisory personnel. uPROJECT APPLICATIONS

-

" S E C 335. (a) Project applicants shall submit applications for fund- 29 USC 893d. ing of projects under this subpart to the appropriate eligible applicant. " (b) I n accordance with regulations prescribed by the Secretary, each project application shall— " (1) provide a description of the work to be accomplished by the project, the jobs to be filled, and the approximate duration for which eligible youths would be assigned to such j o b s; " (2) describe the wages or salaries to be paid individuals employed in jobs assisted under this subpart; " (3) set forth assurances that there will be an adequate number of supervisory personnel on the project and that the supervisory personnel are adequately trained in skills needed to carry out the project and can instruct participating eligible youths in skills needed to carry out a project; " (4) set forth assurances that any income generated by the project will be applied toward the cost of the project; " (5) set forth assurances for acquiring such space, supplies, materials, and equipment as necessary, including reasonable payment for the purchase or rental thereof; " (6) set forth assurances that, to the maximum extent feasible, projects carried out under this subpart shall be labor intensive; and " (7) set forth such other assurances, arrangements, and conditions as the Secretary deems appropriate to carry out the purposes of this subpart. "PROPOSED AGREEMENTS

" SEC. 336. (a)(1) E a c h eligible applicant desiring funds under this 29 USC 893e. subpart shall submit a proposed agreement to the Secretary, together with all project applications approved by the eligible applicant and

�


text:
Page:United States Statutes at Large Volume 91.djvu/672

 91 STAT. 638

29 USC 844. Contents.

29 USC 815.

Project applications, submittal to planning councils. 29 USC 814. 29 USC 872. 29 USC 873.

PUBLIC LAW 9 5 - 9 3 — A U G. 5, 1977 all project applications ai^pioved by any program agent within the area served by the eligible applicant. W i t h its transmittal of the proposed agreement, the eligible applicant shall provide descriptions of the project applications approved by the eligible applicant and by any program agent within the area served by the eligible applicant, accompanied by the reconmiendations of the eligible applicant concorning the relative priority attached to each project. " (2) The definition and functions of a program agent shall be as set forth in section 204(d) of this Act. '•(b) The proposed agreement submitted by any eligible applicant shall— " (1) describe the method of recruiting eligible youths, including a description of how such recruitment will be coordinated with plans under other provisions of this Act, including arrangements required by section 105 of this Act, and also including a description of arrangements with school systems and the public employment service (including school cooperative program s); " (2) provide a description of job t r a i n i n g and skill development opportunities that will be made available to participating eligible youths, as well as a description of plans to coordinate the t r a i n i n g and work experience with school-related programs, including the awarding of academic credit; and " (3) set forth such other assurances as the Secretary may require to carry out the purposes of this subpart. " (c)(1) I n order for a project application submitted by a project applicant to be submitted to the Secretary by any eligible applicant, copies of such application shall have been submitted at the time of such application to the prime sponsor's planning council established under section 104 of this Act (or an appropriate planning organization in the case of sponsors of Native American programs under section 302 of this Act or migrant and seasonal farmworker programs under section 303 of this Act) for the purpose of affording such council (and the youth council established under section 346) an opportunity to submit comments and recommendations with respect to that application to the eligible applicant. No member of any council (or organization) shall cast a vote on any matter in connection with a project in which that member, or any organization with which that member is associated, has a direct interest. " (2) Consistent with procedures established by the eligible applicant in accordance with regulations which the Secretary shall prescribe, the eligible applicant shall not disapprove a project application submitted by a project applicant unless it has first considered any comments and recommendations made by the appropriate council (or organization) and unless it has provided such applicant and council (or organization) with a written statement of its reasons for such disapproval. "APPROVAL OF AGREEMENTS

29 USC 893f.

" SEC. 337. (a) The Secretary may approve or deny on an individual basis any of the project applications submitted with any proposed agreement. " (b) No funds shall be made available to any eligible applicant except pursuant to an agreement entered into between the Secretary and the eligible applicant which provides assurances satisfactory to the Secretary that— " (1) the standards set forth in subpart 4 of this part will be satisfied;

�


text:
Page:United States Statutes at Large Volume 91.djvu/673

 PUBLIC LAW 95-93—AUG. 5, 1977

91 STAT. 639

" (2) projects will be conducted in such manner as to permit eligible youths employed in the project who are in school to coordinate their jobs with classroom instruction and, to the extent feasible, to permit such eligible youths to receive credit from the appropriate educational agency, postsecondary institution, or particular school involved; and " (3) meet such other assurances, arrangements, and conditions as the Secretary deems appropriate to carry out the purposes of this subpart. "WORK LIMITATION

" SEC. 338. Xo eligible youth shall be employed for more than twelve 29 USC 893g. months in work financed under this subpart, except as prescribed by the Secretary. " S U B P A R T 3 — Y O U T H EMPLOYMENT AND T R A I N I N G PROGRAMS "STATEMENT OF PURPOSE

" SEC. 341. I t is the purpose of this subpart to establish programs 29 USC 894. designed to make a significant long-term impact on the structural unemployment problems of youth, supplementary to but not replacing programs and activities available under title I of this Act, to enhance 29 USC 811. the job prospects and career opportunities of young persons, including employment, community service opportunities, and such t r a i n i n g and supportive services as are necessary to enable participants to secure suitable and appropriate unsubsidized employment in the public and private sectors of the economy. To the maximum extent feasible, training and employment opportunities afforded under this subpart will be interrelated and mutually reinforcing so as to achieve the goal of enhancing the job prospects and career opportunities of youths served under this subpart. u PROGRAMS AUTHORIZED

" SEC. 342. (a) The Secretary is authorized to provide financial assist- 29 USC 894a. ance to enable eligible applicants to provide employment opportunities and appropriate t r a i n i n g and supportive services for eligible participants including but not limited to— " (1) useful work experience opportunities in a wide range of Community community betterment activities such as rehabilitation of public betterment properties, assistance in the weatherization of homes occupied by activities. low-income families, demonstrations of energy-conserving measures including solar energy techniques (especially those utilizing materials and supplies available without cost), p a r k establishment and upgrading, neighborhood revitalization, conservation and improvements, and related activities; " (2) productive employment and work experience in fields such as education, health care, neighborhood transportation services, crime prevention and control, environmental quality control, preservation of historic sites, and maintenance of visitor facilities; " (3) appropriate training and services to support the purpose of this subpart, including but not limited to— " (A) outreach, assessment, and orientation; " (B) counseling, including occupational information and career counseling; " (C) activities promoting education to work t r a n s i t i o n;

29-191+

0 - 8 0

�


text:
Page:United States Statutes at Large Volume 91.djvu/674

 PUBLIC LAW 95-93—AUG. 5, 1977

91 STAT. 640 i,:'v H

Contracts. 29 USC 981. 29 USC 811.

" (D) development of information concerning the labor market, and provision of occupational, educational, and training information; " (E) services to youth to help them obtain and retain employment; " (F) literacy training and bilingual t r a i n i n g; " (G) attainment of certificates of high school equivalency; " (H) job sampling, including vocational exploration in the public and private sector; " (I) institutional and on-the-job training, including development of basic skills and job skills; " (J) trans]:)ortation assistance; " (K) child care and other necessary supportive services; " (L) job restructuring to make jobs more responsive to the objectives of this subpart, including assistance to employers in developing job ladders or new job opportunities for youths, in order to improve "work relationships between employers and youths; " (M) connnunity-based central intake and information ser\ices for y o u t h; " (X) job development, direct placement, and placement assistance to secure unsubsidized employment opportunities for youth to the maximum extent feasible, and referral to employability development program s; " (O) programs to overcome sex-stereotyping in job development and placement; and " (P) programs and outreach mechanisms to increase the labor force participation rate among minorities and women. " (b) In order to carry out this subpart, a Governor or a prime sponsor may enter into contracts with project applicants (as defined in section Toi^a) (l."))) or employers organized for profit but payments to such employers shall not exceeil the amounts permitted under section 101(5), or may operate programs directly if, after consultation with community-based organizations and nonprofit groups, a Governor or prime sponsor determines that such direct operation will promote the purposes of this subpart. "ALLOCATIOX OF F F X D S

29 USC 894b. Prime sponsors.

Statewide youth services. Native American eligible youth.

Migrant and seasonal farmworker families, eligible youth.

" (1) an amount equal to 75 percent of such funds shall be made available to prime sponsors for programs authorized under section 342 of this Act; " (2) an amount equal to 5 percent of the amount available for this part shall be made available to Governors for special statewide youth services under subsection (c) of this section; "(.3) an amount equal to not less than 2 percent of the amount available for this part shall be made available for employment and t r a i n i n g programs for Native American eligible youths (deducting such amounts as are made available for such purposes under section 333(b) of this Act); " (4) an amount equal to not less than 2 percent of the amount available for this part shall be made available for employment and training programs for eligible youths in migrant and seasonal farmworker families (deducting such amounts as are made available for such purposes under section 333(b) of this Act); and
 * SEC. 34O. (a) From the sums available for this subpart—

�


text:
Page:United States Statutes at Large Volume 91.djvu/675

 PUBLIC LAW 95-93—AUG. 5, 1977 " (5) the remainder of the funds available for this subpart shall be available for the Secretary's discretionary projects authorized under section 348. " (b)(1) Amounts available for each of the purposes set forth in paragraph s (1) and (2) of subsection (a) shall be allocated among the States in such a manner that— " (A) 37.5 percent thereof shall be allocated in accordance with the relative number of unemployed persons within each State as compared to the total number of such unemployed persons in all States; " (B) 37.5 percent thereof shall be allocated in accordance with the relative number of unemployed persons residing in areas of substantial unemployment (as defined in section 204(c) of this Act) within each State as compared to the total number of unemployed persons residing in all such areas in all States; and " (C) 25 percent thereof shall be allocated in accordance with the relative number of persons in families with an annual income below the low-income level (as defined in section 7 0 1 (a)(4) of this Act) within each State as compared to the total number of such persons in all States. " (2) I n determining allocations under this subsection, the Secretary shall use what the Secretary determines to be the best available data. " (3) Amounts available to prime sponsors under paragraph (1) of subsection (a) of this section shall, out of the total amounts allocated to each State under such paragraph, be allocated by the Secretary among prime sponsors within each State, in accordance wnth the factors set forth in paragraph (1) of this subsection. " (c) The amount available to the Governor of each State under paragraph (2) of subsection (a) of this section shall be used in accordance with a special statewide youth services plan, approved by the Secretary, for such purposes as— " (1) providing financial assistance for employment and training opportunities for eligible youths who are under the supervision of the State; " (2) providing labor market and occupational information to prime sponsors and local educational agencies, without reimbursement; " (3) providing for the establishment of cooperative efforts between State and local institutions, including occupational and career guidance and counseling and placement services for in-school and out-of-school y o u t h; " (4) providing financial assistance for expanded and experimental programs in apprenticeship trades, or development of new apprenticeship arrangements, in concert with appropriate businesses and labor unions or State apprenticeship councils; " (5) carrying out special model employment and t r a i n i n g programs and related services between appropriate State agencies and prime sponsors in the State, or any combination of such prime sponsors, including subcontractors selected by prime sponsors, with particular emphasis on experimental job training within the private sector. " (d)(1) Xot less than 22 percent of the amount allocated to each prime sponsor under paragraph (1) of subsection (a) of this section shall be used for programs under this subsection. " (2) The amount available to each prime sponsor under paragraph (1) of this subsection shall be used for program s for in-school youth

91 STAT. 641

'

State allocations.

29 USC 844.

29 USC 981.

Statewide youth services plans.

In-school youth

�