basis of such review and consultation, the Committee shall periodically make to the Civil Service Commission such recommendations for legislative and administrative changes as it deems necessary or desirable. The Civil Service Commission shall timely transmit to the appropriate committees of Congress any such recommendations. (b) Federal agencies; affirmative action program plans. Each department, agency, and instrumentality (including the United States Postal Service and the Postal Rate Commission) in the executive branch shall, within one hundred and eighty days after September 26, 1973, submit to the Civil Service Commission and to the Committee an affirmative action program plan for the hiring, placement, and advancement, of handicapped individuals in such department, agency, or instrumentality. Such plan shall include a description of the extent to which and methods whereby the special needs of handicapped employees are being met. Such plan shall be updated annually, and shall be reviewed annually and approved by the Commission, if the Commission determines, after consultation with the Committee, that such plan provides sufficient assurances, procedures and commitments to provide adequate hiring, placement, and advancement opportunities for handicapped individuals. (c) State agencies; rehabilitated individuals, employment. The Civil Service Commission, after consultation with the Committee, shall develop and recommend to the Secretary for referral to the appropriate State agencies, policies and procedures which will facilitate the hiring, placement, and advancement in employment of individuals who have received rehabilitation services under State vocational rehabilitation programs, veterans' programs, or any other program for handicapped individuals, including the promotion of job opportunities for such individuals. The Secretary shall encourage such State agencies to adopt and implement such policies and procedures. (d) Report to Congressional committees. The Civil Service Commission, after consultation with the Committee, shall, on June 30, 1974, and at the end of each subsequent fiscal year, make a complete report to the appropriate committees of the Congress with respect to the practices of and achievements in hiring, placement, and advancement of handicapped individuals by each department, agency, and instrumentality and the effectiveness of the affirmative action programs required by subsection (b) of this section, together with recommendations as to legislation which have been submitted to the Civil Service Commission under subsection (a) of this section, or other appropriate action to insure the adequacy of such practices. Such report shall also include an evaluation by the Committee of the effectiveness of the Civil Service Commission's activities under subsections (b) and (c) of this section. (e) Federal work experience without pay; non-Federal status. An individual who, as a part of his individualized written rehabilitation program under a State plan approved under this chapter, participates in a program of unpaid work experience in a Federal agency, shall not, by reason thereof, be considered to be a Federal employee or to be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits. (f) Federal agency cooperation; special consideration for positions on President's Committee on Employment of the Handicapped. (1) The Secretary of Labor and the Secretary of Health, Education, and Welfare are authorized and directed to cooperate with the President's Committee on Employment of the Handicapped in carrying out its functions. (2) In selecting personnel to fill all positions on the President's Committee on Employment of the Handicapped, special consideration shall be given to qualified handicapped individuals. (Pub. L. 93112, title V, § 501, Sept. 26, 1973, 87 Stat. 390.) REFERENCES IN TEXT Level IV of the Executive Schedule, referred to in subsec. (a), is set out in section 5315 of Title 5, Government Organization and Employees. PRESIDENT'S COMMITTEE ON EMPLOYMENT OF THE Establishment of President's Committee on Employment of the Handicapped, see Ex. Ord. No. 11480, Sept. 9, 1969, 34 F.R. 14273, set out under former section 38 of this title. § 792. Architectural and Transportation Barriers Compliance Board. (a) Establishment; membership. There is established within the Federal Government the Architectural and Transportation Barriers Compliance Board (hereinafter referred to as the "Board") which shall be composed of the heads of each of the following departments or agencies (or their designees whose positions are Executive Level IV or higher): (1) Department of Health, Education, and Welfare; (2) Department of Transportation; (3) Department of Housing and Urban Development; (4) Department of Labor; (5) Department of the Interior; (b) Functions. It shall be the function of the Board to: (1) insure compliance with the standards prescribed by the General Services Administration, the Department of Defense, and the Department of Housing and Urban Development pursuant to the Architectural Barriers Act of 1968, as amended by the Act of March 5, 1970, (2) investigate and examine alternative approaches to the architectural, transportation, and attitudinal barriers confronting handicapped individuals, particularly with respect to public buildings and monuments, parks and parklands, public transportation (including air, water, and surface transportation whether interstate, foreign, intrastate, or local), and residential and institutional housing; (3) determine what measures are being taken by Federal, State, and local governments and by other public or nonprofit agencies to eliminate the barriers described in clause (2) of this subsection; (4) promote the use of the International Accessibility Symbol in all public facilities that are in compliance with the standards prescribed by the Administrator of the General Services Administration, the Secretary of Defense, and the Secretary of Housing and Urban Development pursuant to the Architectural Barriers Act of 1968; (5) make to the President and to Congress reports which shall describe in detail the results to its investigations under clauses (2) and (3) of this subsection; and (6) make to the President and to the Congress such recommendations for legislation and administration as it deems necessary or desirable to eliminate the barriers described in clause (2) of this subsection. (c) Additional functions; transportation barriers and housing needs; transportation and housing plans and proposals. The Board shall also (1) (A) determine how and to what extent transportation barriers impede the mobility of handicapped individuals and aged handicapped individuals and consider ways in which travel expenses in connection with transportation to and from work for handicapped individuals can be met or subsidized when such individuals are unable to use mass transit systems or need special equipment in private transportation, and (B) consider the housing needs of handicapped individuals; (2) determine what measures are being taken, especially by public and other nonprofit agencies and groups having an interest in and a capacity to deal with such problems, (A) to eliminate barriers from public transportation systems (including vehicles used in such systems), and to prevent their incorporation in new or expanded transportation systems and (B) to make housing available and accessible to handicapped individuals or to meet sheltered housing needs; and (3) prepare plans and proposals for such further actions as may be necessary to the goals of adequate transportation and housing for handicapped individuals, including proposals for bringing together in a cooperative effort, agencies, organizations, and groups already working toward such goals or whose cooperation is essential to effective and comprehensive action. (d) Investigations; hearings; orders; administrative procedure applicable; final orders. In carrying out its functions under this section, the Board shall conduct investigations, hold public hearings, and issue such orders as it deems necessary to insure compliance with the provisions of the Acts cited in subsection (b) of this section. The provisions of subchapter II of chapter 5, and chapter 7 of Title 5 shall apply to procedures under this section, and an order of compliance issued by the Board shall be a final order for purposes of judicial review. (e) Hearing examiners; appointment; provisions applicable. The Board is authorized to appoint as many hearing examiners as are necessary for proceedings required to be conducted under this section. The provisions applicable to hearing examiners appointed under section 3105 of Title 5 shall apply to hearing examiners appointed under this subsection. (f) Technical, administrative, or other assistance; appointment, compensation, and travel expenses of advisory and technical experts and consultants. The departments or agencies specified in subsection (a) of this section shall make available to the Board such technical, administrative, or other assistance as it may require to carry out its functions under this section, and the Board may appoint such other advisers, technical experts, and consultants as it deems necessary to assist it in carrying out its functions under this section. Special advisory and technical experts and consultants appointed pursuant to this subsection shall, while performing their functions under this section, be entitled to receive compensation at rates fixed by the Secretary, but not exceeding the daily pay rate, for a person employed as a GS-18 under section 5332 of Title 5, including traveltime, and while serving away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of such Title 5 for persons in the Government service employed intermittently. (g) Reports to Congress; final reports on transportation barriers and housing needs. The Board shall, at the end of each fiscal year, report its activities during the preceding fiscal year to the Congress. Such report shall include an assessment of the extent of compliance with the Acts cited in subsection (b) of this section, along with a description and analysis of investigations made and actions taken by the Board, and the reports and recommendations described in clauses (5) and (6) of subsection (b) of this section. The Board shall prepare two final reports of its activities under subsection (c) of this section. One such report shall be on its activities in the field of transporation barriers to handicapped individuals, and the other such report shall be on its activities in the field of the housing needs of handicapped individuals. The Board shall, prior to January 1, 1975, submit each such report, together with its recommendations, to the President and the Congress. The Board shall also prepare for such submission an interim report of its activities in each such field within 18 months after September 26, 1973. (h) Authorization of appropriations. There are authorized to be appropriated for the purpose of carrying out the duties and functions of the Board under this section $1,000,000 each for the fiscal years ending June 30, 1974, and June 30, 1975. (Pub. L. 93-112, title V, § 502, Sept. 26, 1973, 87 Stat. 391.) REFERENCES IN TEXT Level IV of the Executive Schedule, referred to in subsec. (a), is set out in section 5315 of Title 5, Government Organization and Employees. Architectural Barriers Act of 1968, as amended, referred to in subsec, (b), is classified to chapter 51 of Title 42, The Public Health and Welfare. CODIFICATION Section 5332 of Title 5, referred to in subsec. (f), read Title "45" in the original and was changed to reflect the Congressional intent made manifest in the subsequent text reading "such Title 5". § 793. Employment under Federal contracts. (a) Amount of contracts or subcontracts; provision for employment and advancement of qualified handicapped individuals; regulations. Any contract in excess of $2,500 entered into by any Federal department or agency for the procurement of personal property and nonpersonal services (including construction) for the United States shall contain a provision requiring that, in employing persons to carry out such contract the party contracting with the United States shall take affirmative action to employ and advance in employment qualified handicapped individuals as defined in section 706(6) of this title. The provisions of this section shall apply to any subcontract in excess of $2,500 entered into by a prime contractor in carrying out any contract for the procurement of personal property and nonpersonal services (including construction) for the United States. The President shall implement the provisions of this section by promulgating regulations within ninety days after September 26, 1973. (b) Administrative enforcement; complaints; investigations; departmental action. If any handicapped individual believes any contractor has failed or refuses to comply with the provisions of his contract with the United States, relating to employment of handicapped individuals, such individual may file a complaint with the Department of Labor. The Department shall promptly investigate such complaint and shall take such action thereon as the facts and circumstances warrant, consistent with the terms of such contract and the laws and regulations applicable thereto. (c) Waiver by President; national interest special circumstances for waiver of particular agreements. The requirements of this section may be waived, in whole or in part, by the President with respect to a particular contract or subcontract, in accordance with guidelines set forth in regulations which he shall prescribe, when he determines that special circumstances in the national interest so require and states in writing his reasons for such determination. (Pub. L. 93-112, title V, § 503, Sept. 26, 1973, 87 Stat. 393.) § 794. Nondiscrimination under Federal grants. No otherwise qualified handicapped individual in the United States, as defined in section 706 (6) of this title, shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. (Pub. L. 93-112, title V, § 504, Sept. 26, 1973, 87 Stat. 394.) Chapter 17.-COMPREHENSIVE EMPLOYMENT AND TRAINING PROGRAMS [NEW] Sec. 801. Congressional statement of purpose. 802. Authorization of appropriations. SUBCHAPTER I.-COMPREHENSIVE MANPOWER SERVICES 811. Program description. 812. Prime sponsors. 813. Allocation of funds. (a) Percentage of allotments. (b) Encouragement of voluntary combinations. Sec. 813. Allocation of funds-Continued (c) Grants for supplemental vocational education assistance. (d) Allocation to State prime sponsors for costs in staffing and servicing State Manpower Service Councils. (e) Allocation for State services under special provisions relating to State prime sponsors. (f) Discretion of Secretary. (g) Source of funds for grants to prime sponsors serving rural areas having a high level of unemployment. (h) Publication in Federal Register. (1) Reallocations. 814. Prime sponsor's planning councils. 815. Conditions for receipt of financial assistance. 816. Special provisions relating to State prime sponsors. (a) State comprehensive manpower plan. (b) Requisite provisions of State comprehensive manpower plan. (c) Use of available funds. (d) Annual compliance certification. 817. State Manpower Services Council. 818. Review of comprehensive manpower plans. (a) Approval by Secretary of Labor. (b) Hearing. (c) Percentage of funds devoted to particular programs. (d) Revocation of plan. 819. Judicial review. (a) United States Court of Appeals. (b) Findings of fact. (c) Further review by United States Supreme Court. 820. Authority of Secretary to provide services. 821. Allowances. 822. Supplemental vocational education assistance. SUBCHAPTER II.-PUBLIC SERVICE EMPLOYMENT PROGRAMS 841. Congressional statement of purpose. (a) Designation of prime sponsors and Indian (b) Eligible applicants for fiscal year 1974. (d) Delegation of functions of program agent. 845. Applications for financial assistance. (a) Design description of public service employ- (c) Requisite provisions of applications. 846. Approval of applications. 847. Special responsibilities of the Secretary. (b) Periodic review of implementing procedures. 848. Special conditions. (a) Determinations by Secretary as prerequisite to providing financial assistance to public service employment programs. (b) Equitable distribution of public service employment opportunities. (c) Notification to labor organizations. (d) Regulations. (e) Periodic reports.. (f) Discrimination prohibited. (g) Political activities. (h) Sectarian instruction; religious worship. 849. Special report. 850. Utilization of funds. 851. Determination of areas of substantial unemployment. Sec. (b) Persons of limited English-speaking ability. (c) Offenders. (d) Veterans. 872. Indian manpower programs. (a) Congressional findings. (b) Congressional declarations. (c) Utilization of Indian tribes, bands, and groups; non-reservation Indians. (d) Approval of Indian tribes, bands, or groups for the utilization of public or private nonprofit agencies. (e) Administrative procedures and machinery. (f) Availability of funds. (g) Reservation of funds. (h) Federal Government's trust responsibilities to Indians not abrogated. 873. Migrant and seasonal farmworker manpower programs. 874. Youth programs and other special programs. 875. Consultation with Secretary of Health, Education, and Welfare. PART B.-RESEARCH, TRAINING, AND EVALUATION 881. Research. (a) Establishment of comprehensive program of manpower research. (b) Experimental program. (c) Program evaluation. (a) Testing and counseling at regular intervals. (c) Status and progress of terminees. (d) Availability of training records to Department of Labor and Office of Economic Opportunity. (e) Readjustment allowance; records of former enrollees; copies to Secretary. 923. Evaluation; experimental and developmental projects. (a) Publication of evaluation results; inclusion of summary in annual report. (b) Grants or contracts; pilot projects; consulta- schools. 924. Advisory boards and committees. 925. Participation of the States. 926. Application of provisions of Federal law. 927. Special limitations. 928. Political discrimination and political activity. 929. Administrative provisions. SUBCHAPTER V.-NATIONAL COMMISSION FOR MANPOWER POLICY 951. Congressional findings and declaration of purpose. 952. Commission established. (a) Membership. (b) Chairman; meetings. (c) Director; clerical staff; utilization of other staff. (d) Acceptance, employment, and disposal of gifts and bequests. (e) Compensation. 953. Functions of the Commission. 954. Coordination study; report by January 31, 1975. 955. Reports to President and Congress. 956. Energy study; report by March 31, 1974. SUBCHAPTER VI.-GENERAL PROVISIONS 981. Definitions. 982. Legal authority. 983. Conditions applicable to all programs. 984. Special limitations. 985. Reports. 986. Labor standards. 987. Acceptance of gifts. 988. Utilization of services and facilities. 989. Interstate agreements. 990. Political activities prohibited. 991. Nondiscrimination. 992. Records, audits, and reports. CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 18 section 665. § 801. Congressional statement of purpose. It is the purpose of this chapter to provide job training and employment opportunities for economically disadvantaged, unemployed, and underemployed persons, and to assure that training and other services lead to maximum employment opportunities and enhance self-sufficiency by establishing a flexible and decentralized system of Federal, State, and local programs. (Pub. L. 93-203, § 2, Dec. 28, 1973, 87 Stat. 839.) EFFECTIVE DATE Section 615 of Pub. L. 93-203 provided that: "This Act [this chapter] shall take effect on the date of its enactment [Dec. 28, 1973]." SHORT TITLE Section 1 of Pub. L. 93-203 provided: "That this Act [which enacted this chapter and repealed sections 2571 to 2628, 2711 to 2729, 2731 to 2749, and 2769 to 2769f of Title 42] may be cited as the 'Comprehensive Employment and Training Act of 1973'." TRANSITIONAL PROVISIONS Section 3 of Pub. L. 93-203 provided that: "(a) To the extent necessary to provide for the orderly transition of supporting job training programs, and to provide continued financial assistance for such programs, prior to July 1, 1974, the Secretary is authorized to provide financial assistance in the same manner and on the same conditions as provided in the Manpower Development and Training Act of 1962 [sections 2571 to 2628 of Title 42, The Public Health and Welfare], as in effect prior to June 30, 1973, title I of the Economic Opportunity Act of 1964 [section 2711 et seq. of Title 42], and the Emergency Employment Act of 1971 [section 4871 et seq. of Title 42], as in effect prior to June 30, 1973, from funds appropriated pursuant to this Act [this chapter]. "(b) The authority contained in this section shall not be construed to postpone or impede the prompt designation of prime sponsors and the implementation of other provisions of this Act [this chapter]. "(c) Notwithstanding any other provision of this Act [this chapter] other than the provisions of section 4(d) (1) [section 802(d)(1) of this title], the Secretary is authorized from appropriations available under this Act [this chapter] for fiscal year 1974 to provide financial assistance for the program described in section 304 (a) (3) [section 874(a)(3) of this title] during the period June 1, 1974, through October 1, 1974, in the same manner and on the same conditions as provided pursuant to the Manpower Development and Training Act of 1962 [section 2571 et seq. of Title 42], as in effect prior to June 30, 1973, and title I of the Economic Opportunity Act of 1964 [section 2711 et seq. of Title 42], as in effect prior to repeal by this Act." AVAILABILITY OF UNEXPENDED APPROPRIATIONS Section 614 of Pub. L. 93-203 provided in part that: "Unexpended appropriations for carrying out such Acts [Manpower Development and Training Act of 1962, sections 2571 to 2628 of Title 42, The Public Health and Welfare, and parts A, B, and E of title I of the Economic Opportunity Act of 1964, sections 2711 to 2729, 2731 to 2749, and 2769 to 2769a of Title 42] may be made available to carry out this Act [this chapter], as directed by the President." § 802. Authorization of appropriations. (a) There are authorized to be appropriated such sums as may be necessary for the fiscal year ending June 30, 1974, and for each of the three succeeding fiscal years for carrying out the provisions of this chapter. (b) Notwithstanding any other provision of law, unless enacted in specific limitation of the provisions of this subsection, any funds appropriated to carry out this chapter which are not obligated prior to the end of the fiscal year for which such funds were appropriated shall remain available for obligation during the succeeding fiscal year, and any funds obligated in any fiscal year may be expended during a period of two years from the date of obligation. (c) (1) For the purpose of affording adequate notice of funding available under this chapter, appropriations under this chapter are authorized to be included in an appropriation Act for the fiscal year preceding the fiscal year for which they are available for obligation. (2) In order to effect a transition to the advance funding method of timing appropriation action, the provisions of this subsection shall apply notwithstanding that its initial application will result in the enactment in the same year (whether in the same appropriation Act or otherwise) of two separate appropriations, one for the then current fiscal year and one for the succeeding fiscal year. (d) (1) Of the amounts appropriated to carry out this chapter, the Secretary shall reserve and make available not less than $250,000,000 in the fiscal year ending June 30, 1974, and not less than $350,000,000 in the fiscal year ending June 30, 1975, to carry out public service employment programs under subchapter II of this chapter. (2) In addition to the amounts reserved under paragraph (1) of this subsection, there are authorized to be appropriated and made available for the fiscal years ending June 30, 1974, and June 30, 1975, such sums as may be necessary to carry out public service employment programs under subchapter II of this chapter. There are authorized to be appropriated and made available for the fiscal year ending June 30, 1976, and for the succeeding fiscal year such sums as may be necessary to carry out public service employment programs under subchapter II of this chapter. (e) of the amount appropriated to carry out this chapter for any fiscal year, not more than 20 percent of such amount (excluding any amount in excess of $250,000,000 of the amount made available for carrying out subchapter II of this chapter) shall be available for carrying out the provisions of subchapter III and subchapter IV of this chapter. (Pub. L. 93203, § 4, Dec. 28, 1973, 87 Stat. 839.) EFFECTIVE DATE Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 882 of this title. SUBCHAPTER I.-COMPREHENSIVE MANPOWER SERVICES SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 845, 850, 871, 874, 917, 981 of this title. § 811. Program description. It is the purpose of this subchapter to establish a program to provide comprehensive manpower services throughout the Nation. Such program shall include the development and creation of job opportunities and the training, education, and other services needed to enable individuals to secure and retain employment at their maximum capacity. Comprehensive manpower services may include, but shall not be limited to, programs and activities designed to carry out the purpose of this subchapter, such as (1) outreach to make persons aware of the availability of manpower services and persuade them to use such services, (2) assessment of the individual's needs, interests, and potential in the labor market and referral to appropriate employment, training, or other opportunities, (3) orientation, counseling, education, and institutional skill training to prepare the individual to enter the labor market or to qualify for more productive job opportunities, (4) training on the job, (5) payments or other inducements to public or private employers to expand job opportunities. but payments to employers organized for profit |