87 STAT. 60 Grants. Appropriation. Ante, p. 30. 86 Stat. 688. 42 USC 2701 note. 81 Stat. 698; 82 Stat. 1019. 42 USC 2809. Citation of title. "SPECIAL PROJECTS FOR THE ELDERLY "SEC. 310. (a) The Commissioner is authorized to make grants to State and local educational agencies or other public or private nonprofit agencies for programs to further the purpose of this Act by providing educational programs for elderly persons whose ability to speak and read the English language is limited and who live in an area with a culture different than their own. Such programs shall be designed to equip such elderly persons to deal successfully with the practical problems in their everyday life, including the making of purchases, meeting their transportation and housing needs, and complying with governmental requirements such as those for obtaining citizenship, public assistance and social security benefits, and housing. "(b) For the purpose of making grants under this section there are authorized to be appropriated such sums as may be necessary for the fiscal year ending June 30, 1973, and each succeeding fiscal year ending prior to July 1, 1975. "(c) In carrying out the program authorized by this section, the Commissioner shall consult with the Commissioner of the Administration on Aging for the purpose of coordinating, where practicable, the programs assisted under this section with the programs assisted under the Older Americans Act of 1965." (b) Section 313 (a) of such Act, as redesignated, is amended by inserting before the period at the end thereof the following: "(other than section 310)". ADDITIONAL AUTHORIZATION FOR SENIOR OPPORTUNITIES AND SERVICES SEC. 805. In addition to the amounts authorized to be appropriated and allocated pursuant to the Economic Opportunity Amendments of 1972, there is further authorized to be appropriated such sums as may be necessary for the fiscal year ending June 30, 1973, and the succeeding fiscal year, to be used for the Senior Opportunities and Services program described in section 222 (a) (7) of the Economic Opportunity Act of 1964. TITLE IX-COMMUNITY SERVICE EMPLOYMENT FOR SHORT TITLE SEC. 901. This title may be cited as the "Older American Community Service Employment Act". OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM SEC. 902. (a) In order to foster and promote useful part-time work opportunities in community service activities for unemployed lowincome persons who are fifty-five years old or older and who have poor employment prospects, the Secretary of Labor (hereinafter referred to as the "Secretary") is authorized to establish an older American community service employment program (hereinafter referred to as the "program"). (b) In order to carry out the provisions of this title, the Secretary is authorized (1) to enter into agreements with public or private nonprofit agencies or organizations, agencies of a State government or a political subdivision of a State (having elected or duly appointed governing officials), or a combination of such political subdivisions, or Indian tribes on Federal or State reservations in order to further the purposes and goals of the program. Such agreements may include provisions for the payment of costs, as provided in subsection (c), of projects developed by such organizations and agencies in cooperation with the Secretary in order to make the program effective or to supplement it. No payments shall be made by the Secretary toward the cost of any project established or administered by any such organization or agency unless he determines that such project (A) will provide employment only for eligible individuals, except for necessary technical, administrative, and supervisory personnel, but such personnel shall, to the fullest extent possible, be recruited from among eligible individuals; (B) will provide employment for eligible individuals in the community in which such individuals reside, or in nearby communities; (C) will employ eligible individuals in services related to publicly owned and operated facilities and projects, or projects sponsored by organizations exempt from taxation under the provisions of section 501(c)(3) of the Internal Revenue Code of 1954 (other than political parties), except projects involving the construction, operation, or maintenance of any facility used or to be used as a place for sectarian religious instruction or worship; (D) will contribute to the general welfare of the community; (E) will provide employment for eligible individuals whose opportunities for other suitable public or private paid employment are poor; (F) will result in an increase in employment opportunities for eligible individuals, and will not result in the displacement of employed workers or impair existing contracts; (G) will utilize methods of recruitment and selection (including, but not limited to, listing of job vacancies with the employment agency operated by any State or political subdivision thereof) which will assure that the maximum number of eligible individuals will have an opportunity to participate in the project; (H) will include such training as may be necessary to make the most effective use of the skills and talents of those individuals who are participating, and will provide for the payment of the reasonable expenses of individuals being trained. including a reasonable subsistence allowance; (I) will assure that safe and healthy conditions of work will be provided, and will assure that persons employed in public service jobs assisted under this title shall be paid wages which shall not be lower than whichever is the highest of (i) the minimum wage which would be applicable to the employee under the Fair Labor Standards Act of 1938, if section 6(a)(1) of such Act applied to the participant and if he were not exempt under section 13 thereof, (ii) the State or local minimum wage for the most nearly comparable covered employment, or (iii) the prevailing rates of pay for persons employed in similar public occupations by the same employer: (J) will be established or administered with the advice of persons competent in the field of service in which employment is being provided, and of persons who are knowledgeable with regard to the needs of older persons; (K) will authorize pay for necessary transportation costs of eligible individuals which may be incurred in employment 87 STAT. 61 68A Stat. 163. 26 USC 501. 52 Stat. 1060. 87 STAT. 62 Regulations. Costs. Non-Federal share. in any project funded under this title in accordance with regulations promulgated by the Secretary; and (L) will assure that to the extent feasible such projects will serve the needs of minority, Indian, and limited Englishspeaking eligible individuals in proportion to their numbers in the State; (2) to make, issue, and amend such regulations as may be necessary to effectively carry out the provisions of this title. (c) (1) The Secretary is authorized to pay not to exceed 90 per centum of the cost of any project which is the subject of an agreement entered into under subsection (b), except that the Secretary is authorized to pay all of the costs of any such project which is (A) an emergency or disaster project or (B) a project located in an economically depressed area as determined in consultation with the Secretary of Commerce and the Director of the Office of Economic Opportunity. (2) The non-Federal share shall be in cash or in kind. In determining the amount of the non-Federal share, the Secretary is authorized to attribute fair market value to services and facilities contributed from non-Federal sources. Agency cooperation. ADMINISTRATION SEC. 903. (a) In order to effectively carry out the purposes of this title, the Secretary is authorized to consult with agencies of States and their political subdivisions with regard to (1) the localities in which community service projects of the type authorized by this title are most needed; (2) consideration of the employment situation and the types of skills possessed by available local individuals who are eligible to participate; and (3) potential projects and the number und percentage of eligible individuals in the local population. (b) (1) The Secretary is authorized and directed to require agencies and organizations administering community service projects and other activities assisted under this title to coordinate their projects and activities with agencies and organizations conducting related manpower and unemployment programs receiving assistance under this Act and under other authorities such as the Economic Opportunity Act of 1964, the Manpower Development and Training Act of 1962, and the Emergency Employment Act of 1971. In carrying out the pro42 USC 2701 note, visions of this paragraph, the Secretary is authorized to make neces 78 Stat. 508. 76 Stat. 23. 2571 note. 85 Stat. 146. sary arrangements to include projects and activities assisted under this title within a common agreement and a common application with proj42 USC 4871 note. ects assisted under this Act and other provisions of law such as the Economic Opportunity Act of 1964, the Manpower Development and Training Act of 1962, the Emergency Employment Act of 1971. Criteria. (2) The Secretary is authorized to make whatever arrangements that are necessary to carry out the programs assisted under this title as part of any general manpower legislation hereafter enacted, except that appropriations for programs assisted under this title may not be expended for programs assisted under that title. (c) In carrying out the provisions of this title, the Secretary is authorized to use, with their consent, the services, equipment, personnel, and facilities of Federal and other agencies with or without reimbursement, and on a similar basis to cooperate with other public and private agencies, and instrumentalities in the use of services, equipment, and facilities. (d) The Secretary shall establish criteria designed to assure equitable participation in the administration of community service proj ects by agencies and organizations eligible for payment under section 902 (b). (e) Payments under this title may be made in advance or by way of reimbursement and in such installments as the Secretary may determine. (f) The Secretary shall not delegate his functions and duties under this title to any other department or agency of Government. PARTICIPANTS NOT FEDERAL EMPLOYEES SEC. 904. (a) Eligible individuals who are employed in any project funded under this title shall not be considered to be Federal employees as a result of such employment and shall not be subject to the provisions of part III of title 5, United States Code. Advance payments. 80 Stat. 407. 5 USC 2101. (b) No contract shall be entered into under this title with a contractor who is, or whose employees are, under State law, exempted from operation of the State workmen's compensation law, generally applicable to employees, unless the contractor shall undertake to provide either through insurance by a recognized carrier, or by self insurance, as allowed by State law, that the persons employed under the contract, shall enjoy workmen's compensation coverage equal to that provided by law for covered employment. The Secretary must estab- Standards. lish standards for severance benefits, in lieu of unemployment insurance coverage, for eligible individuals who have participated in qualifying programs and who have become unemployed. INTERAGENCY COOPERATION SEC. 905. The Secretary shall consult and cooperate with the Office of Economic Opportunity, the Administration on Aging, the Department of Health, Education, and Welfare, and any other related Federal agency administering related programs, with a view to achieving optimal coordination with such other programs and shall promote the coordination of projects under this title with other public and private programs or projects of a similar nature. Such Federal agencies shall cooperate with the Secretary in disseminating information about the availability of assistance under this title and in promoting the identification and interests of individuals eligible for employment in projects funded under this title. EQUITABLE DISTRIBUTION OF ASSISTANCE SEC. 906. (a) (1) From the sums appropriated for any fiscal year under section 908 there shall be initially allotted for projects within each State an amount which bears the same ratio to such sum as the population, aged fifty-five or over in such State bears to the population aged fifty-five or over in all States, except that (A) no State shall be allotted less than one-half of 1 per centum of the sum appropriated for the fiscal year for which the determination is made; and (B) Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands shall each be allotted an amount equal to one-fourth of 1 per centum of the sum appropriated for the fiscal year for which the determination is made. For the purpose of the exception contained in this paragraph, the term "State" does not include Guam, "state." American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. (2) The number of persons aged fifty-five or over in any State and for all States shall be determined by the Secretary on the basis of the most satisfactory data available to him. (b) The amount allotted for projects within any State under subsection (a) for any fiscal year which the Secretary determines will not be required for that year shall be reallotted, from time to time and on such dates during such year as the Secretary may fix, to projects within other States in proportion to the original allotments to projects within such States under subsection (a) for that year, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Secretary estimates that projects 87 STAT. 63 87 STAT. 64 87 STAT. 64 within such State need and will be able to use for such year; and the total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount reallotted to a State under this subsection during a year shall be deemed part of its allotment under subsection (a) for that year. (c) The amount apportioned for projects within each State under subsection (a) shall be apportioned among areas within each such State in an equitable manner, taking into consideration the proportion which eligible persons in each such area bears to such total number of such persons, respectively, in that State. DEFINITIONS SEC. 907. As used in this title (a) "State" means any of the several States of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands; (b) "eligible individual" means an individual who is fifty-five years old or older, who has a low income, and who has or would have difficulty in securing employment, except that pursuant to regulations prescribed by the Secretary any such individual who is sixty years old or older shall have priority for the work opportunities provided for under this Act; (c) "community service" means social, health, welfare, educational, library, recreational, and other similar services; conservation, maintenance or restoration of natural resources; community betterment or beautification; antipollution and environmental quality efforts; economic development; and such other services which are essential and necessary to the community as the Secretary, by regulation, may prescribe. AUTHORIZATION OF APPROPRIATIONS SEC. 908. There are hereby authorized to be appropriated $60,000,000 for the fiscal year ending June 30, 1973, and $100,000,000 for fiscal year ending June 30, 1974, to carry out the provisions of this title. Approved May 3, 1973. LEGISLATIVE HISTORY: HOUSE REPORT No. 93-43 accompanying H. R. 71 (Comm. on Education and Labor). SENATE REPORT No. 93-19 (Comm. on Labor and Public Welfare). Feb. 20, considered and passed Senate. Mar. 13, considered and passed House, amended, in lieu of H. R. 71. Apr. 18, Senate concurred in House amendment with an amendment; WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 9, No. 18: May 4, Presidential statement. |