Youth Employment and Demonstration Projects Act
PL 95-93 (H.R.6138), enacted 08/05/1977

PUBLIC LAW 95-93—AUG. 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 
otlier improvements in employment and training programs. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress asserribled, 
That this Act may be cited as the "Youth Employment and Demon-
stration Projects Act of 1977". 
TITLE 
I—YOUNG 
ADULT 
CONSERVATIOX 
CORPS 
AMENDMENT ESTABLISHING THE CORPS 
Aug. 5, 1977 
[H.R. 6138] 
Youth 
Employment and 
Demonstration 
Projects Act of 
1977. 
29 u s e 801 note. 
SEC. 101. The Comprehensive Employment and Training Act of 
1973 is amended by adding at the end thereof the following new title: 29 USC 801 note. 
" T I T L E VIII—YOUNG A D U L T CONSERVATION CORPS 
" S T A T E M E N T OF PURPOSE 
"SEC. 801. It is the purpose of this title to establish a Young Adult 
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 con-
servation work and assist in completing other projects of a public 
nature 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 Young Adult 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 Agricul-
ture 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; 
91 STAT. 628 
PUBLIC LAW 95-93-—AUG. 5, 1977 
Candidate 
referral. 
29 use 812. 
29 use 872. 
29 use 873. 
29 use 844. 
Maximum 
enrollment 
period. 
"(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 Seci-etaiy of Labor shall make arrangements for obtaining 
referral of candidates for the Corps from the public employment serv-
ice, 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 Sec-
I'etary of Labor under section 204(c) of this Act to have rates of unem-
ployment 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, w^ith such maximum period con-
sisting 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 pur-
poses of membership for the normal period between school terms. 
Residential and 
nonresidential 
Corps centers. 
29 use 993c. 
"ACTIVITIES OF THE CORPS 
"SEC. 804. (a) Consistent with each interagency agreement, the Sec-
retary of the Interior or Agriculture, as appropriate, in consultation 
with the Secretary of Labor shall determine the location of each resi-
dential 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 
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 Agricul-
ture shall undertake to assure that projects on which work is performed 
under this title are consistent with the Forest and Rangeland Renew-
able Resources Planning Act of 1974, as amended by the National 
Forest Management Act of 1976, and such other standards relating to 
such projects as each Secretary shall prescribe consistent with other 
provisions of Federal law. 
"(2) The Secretary of the Interior and the Secretary of Agricul-
ture 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. 
"(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-
culture, pursuant to agreements with the Secretary of Labor, may 
provide for such transportation, lodging, subsistence, medical treat-
ment, and other services, supplies, equipment, and facilities as fhej 
may deem appropriate to carry out the purposes of this part. To mini-
mize 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 
title, shall work with the Department of Health, Education, and 
Welfare to make suitable arrangements whereby academic credit may 
be awarded by educational institutions and agencies for competencies 
derived from work experience obtained through programs established 
under this title. 
16 use 1601 
note. 
16 use 1600 
note. 
eorps projects. 
Facilities, 
supplies, and 
equipment. 
Academic credit 
granted for work 
experience. 
II 
CONDITIONS APPLICABLE TO CORPS ENR0LLEE8 
"SEC. 805. (a) Except as otherwise specifically provided in this sub- 29 USe 993d. 
section. Corps members shall not be deemed Federal employees and 
shall not be subject to the provisions of law relating to Federal employ-
91 STAT. 630 
PUBLIC LAW 95-93—AUG. 5, 1977 
Work injuries 
compensation. 
5 use 8101. 
Tort claims. 
28 use 2671. 
Quarters 
allowances. 
Wages, hours, 
and working 
conditions. 
29 use 206. 
ment including those regarding hours of work, rates of compensation, 
leave, unemployment compensation, and Federal employee benefits: 
"(1) For purposes of the Internal Eevenue 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 Sec-
retaries 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. 
''SEC. 806. (a) Consistent with interagency agreements with the 
29 use 993e. 
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 offi-
cials, 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. 
Grant 
"(b) No grant or other agreement may be entered into under this 
applications. 
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 
PUBLIC LAW 95-93—AUG. 5, 1977 
91 STAT. 631 
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 connec- 
: , 
tion 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. 
"SECRETARIAL REPORTS 
"SEC. 807. The Secretary of Labor, the Secretary of the Interior Report to 
and the Secretary of Agriculture shall jointly prepare and submit 
President and 
to the President and to the Congress a report detailing the activities Congress, 
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. 
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 Agricul-
ture. 
"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.". 
91 STAT. 632 
PUBLIC LAW 95-93—AUG. 5, 1977 
i T I T L E I I — Y O U T H E M P L O Y M E N T D E M O N S T R A T I O N f 
P R O G R A M S 
^ 
• '< 
YOUTH PROJECTS AND ACTIVrTIES AUTHORIZED 
SEC. 201, Title I I I of the Comprehensive Employment and Training 
Act of 1973 is amended by adding at the end thereof the following 
new part: 
"PART C — Y O U T H EMPLOYMENT DEMONSTRATION PROGRAM 
STATEMENT OF PURPOSE 
29 use 891. 
"SEC. 321, It is the purpose of this part to establish a variety of 
employment, 
training 
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. It is explicitly not the purpose of this part to provide make-work 
opportunities for unemployed youth; 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 PILOT PROJECTS 
"ENTITLEMENT PILOT PROJECTS AUTHORIZED 
29 use 892. 
"SEC. 325. (a) The Secretary shall enter into arrangements with 
prime sponsors selected in accordance with the provisions of this sub-
part for the purpose of demonstrating the efficacy of guaranteeing 
otherwise unavailable part-time employment, or combination of part-
time employment and training, for economically disadvantaged youth 
between the ages of sixteen and nineteen, inclusive, during the school 
.y:€*;:v 
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 employ-
ment or part-time em]:)loyment and training during the summer 
months to each such youth. 
Prime sponsors. 
"(b) Each prime sponsor who applies for and is selected by the 
Secretary to carry out a pilot project under this subpart shall guar-
antee such employment to each such unemployed youth who resides 
within the area or a designated part thereof served by the prime spon-
-' 
sor and who applies to that prime sponsor for employment. The 
Secretary shall provide to each prime sponsor, from funds appro-
priated 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) Each 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 ) . 
PUBLIC LAW 95-93—AUG. 5, 1977 
91 STAT. 633 
EMPLOYMENT GUARANTEES 
"SEC. 326. Employment opportunities guaranteed under this sub- 29 USC 892a. 
part shall take the form of any one of the following or combination 
thereof: 
"(1) Part-time employment or training or combination there- 
Part-time 
of during the school year, not to exceed an average of twenty 
employment, 
hours per week for each youth employed, and not to last less than 
six months nor more than nine, or projects operated by commu-
nity-based organizations of demonstrated effectiveness which have 
a knowledge of the needs of disadvantaged youth; local educa-
tional agencies (as defined in section 801(f) of the P]lementary 
and Secondary Education Act of 1965); institutions of higher 
20 USC 881. 
education (as defined in section 1201(a) of the Higher Educa-
tion Act of 1965); nonprofit private organizations or institutions 
20 USC 1141. 
engaged in public service; nonprofit voluntary youth organiza-
tions; nonprofit private associations, such as labor organizations, 
educational associations, business, cultni'al, or other private asso-
ciations; 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 employ-
ment on-the-job or apprenticeship training. 
"(4) Full-time employment during the sununer months, not 
Full-time 
to exceed forty hours per week for each youth employed, and not 
employment, 
to last less than eight weeks, in any of the institutions described 
in clause (1) of this section. 
" S E L E C T I N G I'RIME SPONSORS 
"SEC. 327. (a) In selecting prime sponsors to operate youth incentive 
29 USC 892b. 
entitlement projects, the Secretary shall— 
"(1) select prime sponsors from areas with differing socio-
economic and regional circumstances such as differing unemploy-
ment i-ates, 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 circum-
stances ; 
"(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 dif-
ferent classifications, occupations, or restructured jobs are created 
for youth; 
"(4) select only prime sponsors which submit proposals wliich 
include—• 
"(A) a description of the procedure to be utilized by the 
prime sponsor to publicize, consider, approve, audit, and 
91 STAT. 634 
PUBLIC LAW 95-93—AUG. 5, 1977 
monitor youth incentive projects or jobs funded by the prime 
sponsor under this part, inchiding copies of proposed appli-
cation niatei-ials, as well as examples of audit and client char-
actei'istics 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 includ-
ing vocational and postsecondary education institutions and 
other agencies which offer higli school equivalency programs; 
i 
public einployers, including law enforcement and judicial 
agencies; labor organizations; voluntary youth groups; com-
rmmity-based organizations; organizations of demonstrated 
effectiveness with a special knowledge of the needs of such 
disadvantaged youth; and with the {)rivate sector in the devel-
opment 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 ari'angements are made with the State 
employment security agencies to carry out the purposes of this 
subpart; 
29 use 811. 
" ( F ) an agreement that title I funds planned for eco-
nomically disadvantaged youth employment programs and 
funds available for the summer youth program under section 
29 use 874. 
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 rela-
tive of any person with responsibility for hiring a person to 
fill that job; 
" ( J ) assurances that whenever employment involves addi-
tional on-the-job, institutional, or apprenticeship training 
provided by the employer, and if such training is not paid 
for in full or in part by the prime sponsor under any other 
program authorized imder this Act, wages may be paid in 
accordance with the provisions of subsection (b) of section 
29 use 214. 
14 of the Fair Labor Standards Act of 1938, and with the 
balance being applied to the cost of training; 
" ( K ) assurances that arrangements have been made with 
the appropriate local education agency or with the institu-
tion offering a certified high school equivalency program 
that such youth is enrolled and meeting the mininium aca-
demic and attendance requirements of that school or educa-
tion program and with employers that such youth meet the 
minimum work and attendance requirements of such employ-
ment and that any employment guarantee is conditioned on 
such enrollment: and 
PUBLIC LAW 95-93—AUG. 5, 1977 
91 STAT. 635 
"(L) assurances that the prime sponsor will make avail-
able the data necessary for the Secretary to prepare the 
report rcq^uired by section 329. 
"(b) Tn approvm^ a priine sponsor to operate a youth incentive 
entitleinent pilot project under this subpart the Secretary may also 
test tlie efficacy of any such project involving— 
" (1) the use of a variety of subsidies to private for-profit em-
ployers, uotwithstanding the provisions of sections 326 and 328 (a), 
to encourage such employers to provide employment and training 
op{)ortunities uiuler this subpart, but no such subsidy shall exceed 
the net cost to the employer of the wages paid and training 
provided; 
"(2) arrangements with unions to enable youth to enter into 
apprenticeship ti-aining as part of the employment provided under 
tliis 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 diploma; 
"(5) the inclusion of occupational and career counseling, out-
reach, career, exploration, and on-the-job training and appren-
ticeship 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 training under this subpart shall 
develop the participant's role as a meaningful member of the com-
nnmity, and may include, but is not limited to, employment and train-
ing in such fields as environmental quality, health care, education, 
social services, public safety, crime prevention and control, transporta-
tion, recreation, neighborhood improvement, rural development, con-
servation, 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 training 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 
sucli project or where the employment and training takes place. 
(( 
REPORTS 
"SEC. 329. The Secretary shall report to the Congress not later than 
March 15, 1978, on his interim findings on the efficacy of a youth 
incentive entitlement. The Secretary shall submit another report not 
later than December 31, 1978 concerning the youth incentive entitle-
ment projects authorized under this subpart. Included in such reports 
shall be findings with respect to— 
"(1) tlie number of youths enrolled at the time of the report; 
"(2) the cost of providing employment opportunities to such 
youths; 
Efficacy tests for 
certain projects. 
Participant 
development. 
29 u s e 892c. 
Reports to 
Congress. 
29 use 892d. 
91 STAT. 636 
PUBLIC LAW 95-93—AUG. 5, 1977 
• 
"(3) the degree to which such cniployinont oppoiiuuitios have 
' 
caused out-of-school youths to return to school or others to reinaiii 
in school ; 
i - 
"(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 employ-
ment ; 
"(G) the degree to which on-the-job or ap[)renticeship 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 opi)ortunities have had on 
reducing youth unemployiuent in the areas of the prime sponsors 
opei-ating a project; and 
"(0) the impact of job oppoi'tunities 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 use 893. 
"SEC. 331. It is the puiposo of this sub{)art to establish a program 
of conununity conservation and im{)rovement projects to provide 
etriploynient, 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 
29 use 811. 
available under title I of this Act. 
"DEIINITIONS 
29 use 893a. 
"SKC. 332. As used in this subpart, the term— 
29 use 812. 
"(1) 'eligible applicant' means any prime sponsor qualified 
29 use 872. 
imder section 102 of this Act, si)onsors of Native American pro-
grams qualified under section 302(c) (1) of this Act, and sponors 
of migrant and seasonal farmworlcer programs qualified under 
29 use 873. 
section 303 of this Act; 
"(2) 'project applicant' shall have the same meaning as in 
29 use 981. 
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 pro-
viding 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 
J..,, 
supplies available without cost; and conservation, maintenance, 
or restoration of natural resources on publicly held lands other 
than Fedei'al lands. 
"AT>U)CA'riON OK KCNDS 
29 use 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 
PUBLIC LAW 95-93—AUG. 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 per-
cent shall be available for projects for eligible youths in migrant 
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 
YOUTH 
EMPLOYMENT 
PROJECTS 
"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. 
u 
PROJECT 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) In 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 jobs; 
"(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 proj-
ect 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 pay-
ment 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 con-
ditions as the Secretary deems appropriate to carry out the pur-
poses of this subpart. 
"PROPOSED AGREEMENTS 
"SEC. 336. (a) (1) Each 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 
91 STAT. 638 
PUBLIC LAW 95-93—AUG. 5, 1977 
29 use 844. 
Contents. 
29 use 815. 
Project 
applications, 
submittal to 
planning 
councils. 
29 use 814. 
29 use 872. 
29 use 873. 
29 use 893f. 
all project applications ai^pioved by any program agent within the 
area served by the eligible applicant. With its transmittal of the pro-
posed 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 con-
corning 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 
sliall— 
"(1) describe the method of recruiting eligible youths, includ-
ing a description of how such recruitment will be coordinated 
with plans under other provisions of this Act, including arrange-
ments 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 programs); 
"(2) provide a description of job training and skill develop-
ment opportunities that will be made available to participating 
eligible youths, as well as a description of plans to coordinate 
the training and work experience with school-related programs, 
including the awarding of academic credit; and 
"(3) set forth such other assurances as the Secretary may re-
quire to carry out the purposes of this subpart. 
"(c) (1) In 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 organiza-
tion in the case of sponsors of Native American programs imder sec-
tion 302 of this Act or migrant and seasonal farmworker programs 
under section 303 of this Act) for the purpose of affording such coun-
cil (and the youth council established under section 346) an oppor-
tunity 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 sub-
mitted by a project applicant unless it has first considered any com-
ments and recommendations made by the appropriate council (or orga-
nization) and unless it has provided such applicant and council (or 
organization) 
with a written statement of its reasons for such 
disapproval. 
"APPROVAL OF AGREEMENTS 
"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; 
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 coor-
dinate 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. 
"SUBPART 3—YOUTH EMPLOYMENT AND TRAINING PROGRAMS 
"STATEMENT OF PURPOSE 
"SEC. 341. It 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 training 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-
ance to enable eligible applicants to provide employment opportunities 
and appropriate training and supportive services for eligible partici-
pants including but not limited to— 
"(1) useful work experience opportunities in a wide range of 
community betterment activities such as rehabilitation of public 
properties, assistance in the weatherization of homes occupied by 
low-income families, demonstrations of energy-conserving meas-
ures including solar energy techniques (especially those utilizing 
materials and supplies available without cost), park 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 facili-
ties; 
"(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 transition; 
29 USC 894a. 
Community 
betterment 
activities. 
29-191+ 
0 - 8 0 
91 STAT. 640 
PUBLIC LAW 95-93—AUG. 5, 1977 
Contracts. 
29 use 981. 
29 use 811. 
i , :'v H 
" ( 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 training; 
"(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 
develo])ment 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 develo[)ing job ladders or new job opportunities 
for youths, in order to improve "work relationships between 
em[)loyers and youths; 
"(M) connnunity-based central intake and information 
ser\ices for youth; 
"(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 programs; 
"(O) programs to overcome sex-stereotyping in job devel-
opment 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 ])ermitted 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. 
29 use 894b. 
Prime sponsors. 
Statewide youth 
services. 
Native American 
eligible youth. 
Migrant and 
seasonal 
farmworker 
families, eligible 
youth. 
"ALLOCATIOX OF FFXDS 
*SEC. 34O. (a) From the sums available for this subpart— 
"(1) an amount equal to 75 ])ercent of such funds shall be made 
available to prime sponsors for programs authorized under sec-
tion 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 state-
wide 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 training 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 sea-
sonal farmworker families (deducting such amounts as are made 
available for such purposes under section 333(b) of this Act) ; and 
PUBLIC LAW 95-93—AUG. 5, 1977 
91 STAT. 641 
State allocations. 
29 use 844. 
' 
"(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 
paragraphs (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 witli 
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 unem-
ployed 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 701(a)(4) of 
this Act) within each State as compared to the total number of 29 USC 981. 
such persons in all States. 
"(2) In determining allocations under this subsection, the Secre-
tary 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 fac-
tors 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 accord-
ance with a special statewide youth services plan, approved by the 
Secretary, for such purposes as— 
"(1) providing financial assistance for employment and train-
ing opportunities for eligible youths who are under the super-
vision of the State; 
"(2) providing labor market and occupational information to 
prime sponsors and local educational agencies, without reimburse-
ment; 
"(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 youth; 
"(4) providing financial assistance for expanded and experi-
mental programs in apprenticeship trades, or development of new 
; 
apprenticeship arrangements, in concert with appropriate busi-
nesses and labor unions or State apprenticeship councils; 
"(5) carrying out special model employment and training pro-
grams 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 spon-
sors, with particular emphasis on experimental job training with-
in 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 
In-school youth 
(1) of this subsection shall be used for programs for in-school youth 
Statewide youth 
services plans. 
91 STAT. 642 
PUBLIC LAW 95-93—AUG. 5, 1977 
Community-
based 
organizations. 
29 
use 
894c. 
29 
use 
812. 
29 
use 
872. 
29 
use 
873. 
29 
use 
894d. 
"Lower living 
standard income 
level." 
carried out pursuant to agreements between prime sponsors and local 
educational agencies. Each such agreement shall describe in detail the 
employment opportunities and appropriate training and supportive 
services which shall be provided to eligible participants who are 
enrolled or who agree to enroll in a full-time program leading to a 
secondary school diploma, a junior or community college degree, or a 
technical or trade school certificate of completion. Each such agreement 
shall contain provisions to assure that funds received pursuant to the 
agreement will not supplant State and local funds expended for the 
same purpose. 
"(e) Programs receiving assistance under paragraph (1) of sub-
section (a) of this section shall give special consideration in carrying 
out programs authorized under section 342 of this Act, to community-
based organizations which have demonstrated effectiveness in the deliv-
ery of employment and training services, such as the Opportunities 
Industrialization Centers, the National Urban League, SER-Jobs for 
Progress, Mainstream, Community Action Agencies, union-related 
organizations, employer-related nonprofit organizations, and other 
similar organizations. 
"ELIGIBLE APPLICANTS 
"SEC. 344. Eligible applicants for purposes of this subpart, except 
section 348, are prime sponsors qualified under section 102 of this Act, 
sponsors of Native American programs qualified under section 302(c) 
(1) of this Act, and sponsors of migrant and seasonal farmworker 
programs qualified under section 303 of this Act. 
"SEC. 345. (a) Eligible participants for programs authorized under 
this subpart shall be persons who— 
"(1) (A) are unemployed or are underemployed or are in school 
and are ages sixteen to twenty-one, inclusive; or (B) if authorized 
under such regulations as the Secretary may prescribe, are in 
school and are ages fourteen to fifteen, inclusive: and 
"(2) are not members of households which have current gross 
family income, adjusted to an annualized basis (exclusive of 
unemployment compensation and all Federal, State, and local 
income-tested or needs-tested public payments) at a rate exceeding 
85 percent of the lower living standard income level, except that, 
pursuant to regulations which the Secretary shall prescribe, per-
sons who do not meet the requirements of this subparagraph but 
who are otherwise eligible under this subpart may participate in 
appropriate activities of the type authorized under paragraph (3) 
of section 342(a). 
Notwithstanding the provisions of this subsection, 10 percent of the 
funds available for this subpart may be used for programs which 
include youths of all economic backgrounds to test the desirability of 
including youths of all economic backgrounds. 
"(b) For purposes of this section, the term 'lower living standard 
income level' means that income level (adjusted for regional and 
metropolitan and urban and rural differences and family size) deter-
mined annually by the Secretary based upon the most recent 'lower 
living standard budget' issued by the Bureau of Labor Statistics of the 
Department of Labor. 
"COXDITIOXS FOR RECEIPT OF FINANCIAL ASSISTANCE 
29 use 894e. 
"SEC. 346. (a) The Secretary shall not provide financial assistance to 
an eligible applicant for programs authorized under section 342 unless 
PUBLIC LAW 95-93—AUG. 5, 1977 
91 STAT. 643 
such eligible applicant provides assurances that the standards set 
forth in subpart 4 of this part will be met and unless such eligible 
applicant submits an application in such detail as the Secretary may 
prescribe. Each such application shall—• 
"(1) describe the programs, projects or activities to be carried 
out with such assistance, together with a description of the rela-
tionship and coordination of services provided to eligible partici-
pants under this subpart for similar services offered by local 
educational agencies, postsecondary institutions, the public 
employment service, other youth programs, community-based 
organizations, businesses and labor organizations consistent with 
the requirements of sections 105 and 106 of this Act, and assur- 29 U
S
C 815, 
ances that, to the maximum extent feasible, use will be made of ^1^-
any services that are available without reimbureement by the State 
employment service that will contribute to the achievement of 
the purposes of this subpart; 
"(2) include assurances that the application will be coordi-
nated to the maximum extent feasible, with the plans submitted 
under title I, but services to youth under that title shall not be 29 USC 811. 
reduced because of the availability of financial assistance under 
this subpart; 
"(3) provide assurances, satisfactory to the Secretary, that in 
the implementation of programs under this subpart, there will be 
coordination, to the extent appropriate, with local educational 
' 
agencies, postsecondary institutions, community-based organiza-
tions, businesses, labor organizations, job training programs, other 
r 
youth programs, the apprenticeship system, and (with respect to 
the referral of prospective youth participants to the program) the 
public employment service system; 
"(4) provide assurances satisfactory to the Secretary that 
allowances will be paid in accordance with the provisions of sec-
tion 111 (a) of this Act and such regulations as the Secretary may 29 U
S
C 821. 
prescribe for this subpart; 
"(5) provide assurances that the application will be reviewed 
by the appropriate prime sponsor planning council in accordance 
with the provisions of section 104; 
29 U
S
C 814. 
"(6) provide assurances that a youth council will be established 
under the planning council of such eligible applicant (established 
under the section 104 of this Act) in accordance with subsection 
(b) of this section; 
"(7) provide assurances satisfactory to the Secretary that effec-
tive means will be provided through which youths participating 
in the projects, programs, and activities may acquire appropriate 
job skills and be given necessary basic education and training 
and that suitable arrangements will be established to document 
the competencies, including skills, education and training, derived 
by each participant from programs established under this subpart; 
"(8) provide assurances that the eligible applicant will take 
appropriate steps to develop new job classifications, new occupa-
tions, and restnictured jobs; 
" (9) provide that the funds available under section 343 (d) shall 
be used for programs authorized under section 342 for in-school 
youth who are eligible participants through arrangements to be 
carried out by a local educational agency or agencies or post-
secondary educational institution or institutions; and 
91 STAT. 644 
PUBLIC LAW 95-93—AUG. 5, 1977 
Youth councils. 
29 use 814. 
Work experience 
for in-school 
youth, program 
agreements. 
"(10) provi<]e such otlior information and assurance as the 
Secretary may deem appropriate to carry out the purposes of this 
subpart. 
"(b) Eacli youth council established by an elioible applicant shall 
be responsible for making recommendations to the planning council 
established under section 104 of this Act with respect to planning 
and review of actixitics conducted under this subpart and subpart 
2. Each such youth council's membership shall include representation 
from the local educational agency, local vocational education advisory 
council, postsecondary educational institutions, business, unions, the 
public employment service, local government and nongovernment 
agencies and organizations which are involved in meeting the special 
needs of youths, the cortmumity served by such applicant, the prime 
sponsor, and youths themselves. 
"(c) No program of work experience for in-school youth supported 
uiuler this sub[)art shall be entered into unless an agreement has been 
made between the prime sponsor and a local educational agency or 
agencies, after review by the youth council established under subsec-
tion (b) of this section. Each such agreement shall— 
"(1) set forth assurances that participating youths will be 
})rovi(led meaningful work exi)erience, which will improve their 
ability to make career decisions and which will provide them with 
basic work skills needed for regular employment not subsidized 
imder this in-school program; 
"(2) be administered, under contracts with the prime sponsor, 
by a local educational agency or agencies or a postsecondary edu-
cational institution or institutions within the area served by the 
prime s{)onsor, and set forth assurances that such contracts have 
been reviewed by the youth council established under subsection 
(b) of this section. 
"(8) set forth assurances that job information, counseling, 
guidance, and placement services will be made available to par-
ticipating youths and that funds provided under this program 
will be available to, and utilized by, the local educational agency 
or agencies to the extent necessary to pay the cost of school-based 
counselors to carry out the provisions of this in-school program; 
"(4) set forth assurances that jobs provided under this pro-
gram will be certified by the participating educational agency 
or institution as relevant to the educational and career goals of 
the participating youths; 
"(5) set forth assurances that the eligible applicant will advise 
participating youths of the availability of other employment 
and training resources provided under this Act, and other 
resources available in the local community to assist such youths 
in obtaining employment; 
"(6) set forth assurances that youth participants will be 
chosen from among youths who are eligible participants who 
need work to remain in school, and shall be selected by the appro-
priate educational agency or institution, based on the certification 
for each participating youth by the school-based guidance coun-
selor that the work experience provided is an appropriate com-
ponent of the overall educational program of each youth. 
PUBLIC LAW 95-93—AUG. 5, 1977 
91 STAT. 645 
' R K V I E W O F IMiAXS liV SKCKKTAKY 
"SEC. ;U7. The pi-ovisioiis of sections 108, KM), and 110 of this Act, 29 USC 
shall apply to all pro<riaius and activities authorized under U± 
8l8-82( 
29 USC 894f. 
29 USC 
818-820. 
"sKCKKTAia's DISCHKTIOXAKY I'ROJKX'TS 
Experimental 
programs. 
29 USC 894g. 
"SKC. 348. (a)(1) Tlie Seci-etaiy of Labor is authorized, either 
dii-ectly or by way of contract or other ari-anj^enient, with prime 
si)onsors, public ajjencies and private oi-^anizations to cari-y out inno-
vative an(l ex[)ei'iineiital i)ro^iains to test new ai)proaches for dealing 
witli the uneni[)U)ynient [)r()blenis of youth and to enable eligible par-
ticipants to piepare for, enliance theii- prospects for, or secure employ-
ment in occui)ations throu<i:h which they may reasonably be expected 
to advance to productive working lives. Such progi-ams shall include, 
whei-e appropriate. coo[)erative ai'i-angements with educational agen-
cies to provide special [)rogi-anis and services foi- eligible participants 
eni-olled in secondary schools, postsecondary educational institutions 
and technical and trade scliools, including job expei-ience, counseling 
and guidance {)rior to the comi)letion of secondary or postsecondary 
education and making available occupational, educational, and train-
ing information through statewide career information systems. 
"(2) In carrying out or supporting such progi-ams, the Secretary 
of Labor shall consult, as appi-opriate. with tlie Secretary of Com-
merce, the Secretary of Health, Education, and Welfare, the Seci-etary 
of Housing and Urban Development, the Secretary of Agriculture, 
the Director of the ACTION Agency, and the Director of the Com-
munity Sei'vices Administration. 
"(:^)) Funds available under this section may be transferred to other Funds, transfer. 
Federal de])artments and agencies to carry out functions delegated to 
them pursuant to agreements with the Seci-etary. 
"(b) The Secretary and pi'ime sponsors, as the case may be, shall 
give special consideration in cai-rying out iimovative and experimental 
programs assisted undei- this section to community-based organiza-
tions which have demonstrated effectiveness 
in the delivery of 
employment and ti-aining sei-vices. such as the Opportunities Indus-
ti'ialization Centers, the National TMian League, SER-Jobs 
for 
Progress, Mainstream, Connnunity Action Agencies, union-related 
organizations, employer-related nonprofit organizations, and other 
similar organizations. 
"(c)(1) In carrying out its responsibilities under this subsection 
and under section 161 of tlie Vocational PMucation Act, the National 20 USC 1341. 
Occupational Information Cooi-dinating Committee shall give special 
attention to the problems of unemployed youths. The Committee shall 
also carry out other activities consistent with the purposes of this title, 
including but not limited to the following: 
"(A) assisting and encouraging local areas to adopt methods 
of ti-anslating national aggregate occupational outlook data into 
local terms; 
"(B) Assisting and encouraging the development of State occu-
pational information systems, to be used in the maintenance of 
local job banks and job vacancy reports, accessible to local schools, 
and including pilot progi-ams in the use of computers to facilitate 
such access; 
State 
occupational 
information 
systems. 
91 STAT. 646 
PUBLIC LAW 95-93—AUG. 5, 1977 
Youth in 
correctional 
institutions. 
Computer on-line 
terminal 
programs, 
technical 
assistance. 
20 use 1341. 
"(C) in cooperation with State and local correctional agencies, 
encouraging programs of counseling and employment services for 
' youth in correctional institutions; 
" ( D ) providing technical assistance for programs of computer 
on-line terminals and other facilities to utilize and implement 
occupational and career outlook information and projections sup-
plied by State employment service offices and to improve the 
match of youth career desires with available and anticipated labor 
demand; 
" ( E ) in cooperation with State and local educational agencies, 
and other appropriate persons and organizations, encouraging 
programs to make available employment and career counseling 
to presecondary youths; and 
" ( F ) providing technical assistance for programs designed to 
encourage public and private employers to list all available job 
opportunities for youths with the appropriate eligible applicant 
conducting occupational information and career counseling pro-
grams, local public employment services offices and to encourage 
cooperation and contact among such eligible applicants, employers 
and offices. 
"(2) All funds available to the National Occupational Information 
Coordinating Committee under this Act and imder section 161 of the 
Vocational P^ducation Act may be used by the Connnittee to carry out 
any of its functions and responsibilities authorized by law. 
"SUBPART 4—GKXEKAL PROVISIONS 
"AUTirORIZATIOX OF AITROI'RIATIOXS; DISTRIBUTION OF FUNDS 
29 use 895. 
''SEC. 351. (a) There are autliorized to be appropriated for the fiscal 
year 1978 such sums as may be necessary to carry out the provisions of 
this part. 
"(b) Of the sums available for carrying out the provisions of this 
part— 
" (1) fifteen percent shall be available for subpart 1; 
" (2) fifteen percent shall be available for subpart 2; and 
" (3) seventy percent shall be available for subpart 3. 
"WAGE PROVISIONS 
29 use 895a. 
"SEC. 352. Rates of pay under this part shall be no less than the 
higher of— 
"(1) the minimum wage under section 6(a)(1) of the Fair 
29 use 206. 
Labor Standards Act of 1938, but in the case of an individual 
who is fourteen or fifteen years old, the wage provided in accord-
ance with the provisions of subsection (b) of section 14 of the 
29 use 214. 
Fair Labor Standards Act of 1938; 
"(2) the State or local minimum wage for the most nearly 
comparable employment, but in the case of an individual who is 
14 or 15 years old the wage provided in accordance with the 
r 
applicable provisions of the applicable State or local minimum 
wage law; or 
i 
"(3) the prevailing rates of pay, if any, for occupations and 
• •'' 
job classifications of individuals employed by the same employer, 
except that— 
PUBLIC LAW 95-93—AUG. 5, 1977 
91 STAT. 647 
"(A) whenever the prime sponsor has entered into an 
agreement with the employer and the labor organization rep-
resenting employees engaged in similar work in the same 
area to pay less than the rates provided in this paragraph, 
youths may be paid the rates specified in such agreement; 
"(B) whenever an existing job is reclassified or restruc-
tured, youths employed in such jobs shall be paid at rates 
not less than are provided under paragraph (1) or (2) of 
this section, but if a labor organization represents employees 
engaged in similar work in the same area, such youths shall 
be paid at rates specified in an agreement entered into by the 
appropriate prime sponsor, the employer, and the labor orga-
nization with respect to such reclassified or restructured jobs, 
and if no agreement is reached within 30 days after the initi-
ation of the agreement procedure referred to in this sub-
paragraph, the labor organization, prime sponsor, or 
employer may petition the Secretary of Labor who shall 
establish appropriate wages for the reclassified or restruc-
tured positions, taking into account wages paid by the same 
employer to persons engaged in similar work; 
"(C) whenever a new or different job classification or 
occupation is established and there is no dispute with respect 
to such new or different job classification or occupation, youths 
to be employed in such jobs shall be paid at rates not less 
than are provided in paragraph (1) or (2) of this section, 
but if there is a dispute with respect to such new or differ-
ent job classification or occupation, the Secretary of Labor 
shall, within 30 days after receipt of the notice of protest 
by the labor organization representing employees engaged in 
similar work in the same area, make a determination 
whether such job is a new or different job classification or 
occupation; and 
"(D) in the case of projects to which the provisions of the 
Davis-Bacon Act (or any Federal law containing labor 
standards in accordance with the Davis-Bacon Act) other-
wise apply, the Secretary is authorized, for projects financed 
under subparts 2 and 3 of this part under $5,000, to prescribe 
rates of pay for youth participants which are not less than 
the applicable minimum wage but not more than the wage 
rate of the entering apprentice in the most nearly comparable 
apprenticeable trade, and to prescribe the appropriate ratio 
of journeymen to such participating youths. 
40 u s e 276a 
note. 
SPECIAL CONDITIONS 
"SEC. 353. (a) The Secretary shall provide financial assistance under 
this part only if he determines that the activities to be assisted meet 
the requirements of this section. 
" (b) The Secretary shall determine that the activities assisted under 
this part— 
"(1) will result in an increase in employment opportunities 
over those opportunities which would otherwise be available; 
"(2) will not result in the displacement of currently employed 
workers (including partial displacement such as reduction in the 
Financial 
assistance. 
29 use 895b. 
91 STAT. 648 
PUBLIC LAW 95-93—AUG. 5, 1977 
Notice to labor 
organizations. 
Full-time 
employment 
opportunities. 
Program 
participation 
qualifications. 
29 u s e 895c. 
hours of non-overtime work or wages or employment benefits); 
"(3) 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; 
"(4) will not substitute jobs assisted under this part for exist-
ing federally assisted jobs; 
"(5) will not employ any youth when any other person is on 
layoff by the employer from the same or any substantially equiv-
alent job in the same area; and 
"(6) will not be used to employ any person to fill a job opening 
created by the act of an employer in laying off or terminating 
employment of any regular employee, or otherwise reducing the 
regular work force not supported under this part, in anticipation 
of filling the vacancy so created by hiring a youth to be supported 
under this part. 
"(c) The jobs in each promotional line will in no w^ay infringe upon 
the promotional opportunities which would otherwise be available to 
persons currently employed in public services not subsidized under 
this Act and no job will be filled in other than an entry level position 
in each promotional line until applicable personnel procedures and 
collective bargaining agreements have been complied with. 
"(d) Where a labor organization represents employees who are 
engaged in similar work in the same area to that proposed to be per-
formed under the program for which an application is being developed 
for submission under this part, such organization shall be notified and 
shall be afforded a reasonable period of time prior to the submission of 
the application in which to make comments to the applicant and to 
the Secretary. 
"(e) Activities funded under this part shall meet such other stand-
ards as the Secretary may deem appropriate to carry out the purposes 
of this Act. 
"(f) Funds under this part shall not be used to provide full-time 
employment opportunities (1) for any person who has not attained the 
age with respect to which the requirement of compulsory education 
ceases to apply under the laws of the State in which such individual 
resides, except (A) during periods when school is not in session, and 
(B) where such employment is undertaken in cooperation with school-
related programs awarding academic credit for the work experience, 
or (2) for any person who has not attained a high school degree or its 
equivalent if it is determined, in accordance with procedures estab-
lished by the Secretary of Labor, that there is substantial evidence 
that such person left school in order to participate in any program 
imder this part. 
" S P E C I A L PROVISIOKS FOR SUBPARTS 2 AND 
3 
"SEC. 354. (a) Appropriate efforts shall be made to insure that 
youths participating in programs, projects, and activities under sub-
parts 2 and 3 of this part shall be youths who are experiencing severe 
handicaps in obtaining employment, including but not limited to those 
who lack credentials (such as a high school diploma), those who require 
substantial basic and remedial skill development, those who are women 
and minorities, those who are veterans of military service, those who 
PUBLIC LAW 95-93—AUG. 5, 1977 
91 STAT. 649 
are offenders, those who are handicapped, those with dependents, or 
those who have otherwise demonstrated special need, as determined 
by the Secretary. 
^ 
"(b) The Secretary is authorized to make such reallocation as the Reallocation of 
Secretary deems appropriate of any amount of any allocation under funds, 
subparts 2 and 3 of this part to the extent that the Secretary deter-
mines that an eligible applicant will not be able to use such amount 
within a reasonable period of time. Any such amount may be reallo-
cated only if the Secretary has provided thirty days' advance notice 
, 
of the proposed reallocation to the eligible applicant and to the Gov- 
' ^" 
ernor of the State of the proposed reallocation, during which period 
of time the eligible applicant and the Governor may submit comments 
to the Secretary. After considering any comments submitted during Publication in 
such period of time, the Secretary shall notify the Governor and Federal Register. 
affected eligible applicants of any decision to reallocate funds, and 
shall publish any such decision in the Federal Register. Priority shall 
be given in reallocating such funds to other areas within the same 
State. 
"(c) The provisions of section 605(b) of this Act shall apply to 29 USC 965. 
subparts 2 and 3 of this part. 
"ACADEMIC 
CREDIT, EDUCATION 
CREDIT, COUNSELING 
AND 
PLACEMENT 
SERVICES, AND BASIC SKILLS DEVELOPMENT 
"SEC. 355. (a) In carrying out this part, appropriate efforts shall be 
made to encourage the granting by the educational agency or school 
involved of academic credit to eligible participants who are in school. 
"(b) The Secretary, in carrying out the purposes of this part, shall 
work with the Department of Health, Education, and Welfare to 
make suitable arrangements with appropriate State and local educa-
tion officials whereby academic credit may be awarded, consistent with 
applicable State law, by educational institutions and agencies for 
competencies derived from 
work experience obtained 
through 
progran " established under this title. 
"(c) All activities assisted under this part, pursuant to such regula-
tions as the Secretary shall prescribe, shall provide appropriate coun-
seling and placement services designed to facilitate, the transition of 
youth from participation in the project to (1) permanent jobs in the 
public or private sector, or (2) education or training programs. 
29 USC 895d. 
(( 
DISREGARDING EARNINGS 
"SEC. 356. Earnings received by any youth under this part shall be 
disregarded in determining the eligibility of the youth's family for, 
and the amount of, any benefits based on need under any Federal or 
federally assisted progi'ams. 
29 USC 895e. 
RELATION TO OTHER 
PROVISIONS 
"SEC. 357. The provisions of title VII of this Act shall apply to this 
part, except to the extent that any such provision may be inconsistent 
with the provisions of this part.". 
' 
29 USC 895f. 
29 USC 981. 
91 STAT. 650 
PUBLIC LAW 95-93—AUG. 5, 1977 
TITLE III—MISCELLANEOUS PROVISIONS 
29 use 993i 
note. 
Ante, p. 122. 
TRANSITION 
PROVISIONS 
SEC. 301. In order to provide for an orderly transition to youth 
employment and training activities funded under part C of title III 
and title VIII of the Comprehensive Employment and Training Act 
of 1973 (as added by this Act), the Secretary of Labor shall use the 
funds available from appropriations under the Economic Stimulus 
Appropriations Act of 1977 for youth employment and training 
activities, to the maximum extent consistent with law, in such a man-
ner as to be in accordance with the provisions of such part C and such 
title VIII. 
TRANSFER OF FUNDS TO NATIONAL OCCUPATIONAL INFORMATION 
COORDINATING 
COMMITTEE 
SEC. 302. Section 4 of the Comprehensive Employment and Training 
29 use 802. 
Act of 1973 is amended by adding at the end thereof the following 
new subsection: 
"(f) Of the amounts available for the Secretary's discretionary use 
under this Act, the Secretary shall transfer an amount which shall be 
not less than $3,000,000 and not more than $5,000,000 for any fiscal 
year to the National Occupational Information Coordinating Commit-
tee established pursuant to section 161 (b) of the Vocational Education 
Act of 1963, for the purposes described in section 348(c) (1) of this 
Act.". 
NATIVE AMERICAN 
PROGRAMS 
SEC. 303. (a) The heading of section 302 of the Comprehensive 
Employment Training Act of 1973 is amended to read as follows: 
" N A T I V E AMERICAN EMPLOYMENT AND TRAINING PROGRAMS". 
(b) Section 302(a) of such Act is amended (1) by striking out 
the word "and" in clause (1) of such section and inserting in lieu 
thereof a comma, and (2) by inserting after "native" in such clause 
(1) a comma and the following: "and Hawaiian native". 
(c) Section 302(b) of such Act is amended by inserting before the 
semicolon at the end of clause (2) a comma and the following: "and 
Hawaiian natives". 
(d) The first sentence in section 302(c) (1) of such Act is amended 
by inserting after "body," the following: "and such public and private 
nonprofit agencies as the Secretary determines will best serve 
Hawaiian natives,". 
(e) Section 701(a) of the Comprehensive Employment and Train-
29 use 981. 
ing Act of 1973 is amended by adding at the end thereof the following: 
"(16) 'Hawaiian native' means any individual any of whose 
ancestors were natives of the area which consisted of the Hawaiian 
Islands prior to 1778.". 
20 use 1341. 
Ante, p. 645. 
29 use 872. 
Hawaiian natives. 
Summer youth 
employment 
programs. 
29 use 802 note. 
29 use 911. 
WAIVER OF LIMITATION ON FUNDS FOR TITLES III AND IV 
SEC 304. The limitations of section 4(e) of the Comprehensive 
Employment and Training Act of 1973 shall not apply to appropria-
tions for summer youth employment programs under section 304(a), 
part C of title III (as added by this Act), and title IV of such Act for 
the fiscal year 1978. 
PUBLIC LAW 95-93—AUG. 5, 1977 
91 STAT. 651 
SPECIAL VETERANS PROVISIONS 
SEC. 305. (a) AVith respect to programs carried out with funds appro-
priated after January 1, 1977, for each of the fiscal years 1977 and 
1978 under the Comprehensive Employment and Training Act of 
1973, as amended, the Secretary of Labor (hereinafter in this section 
referred to as the "Secretary") shall take appropriate steps to provide 
for the increased participation in public service employment programs 
and job training opportunities supported under such Act of qualified 
disabled veterans (as defined in section 2011(1) of title 38, United 
States Code) and those qualified Vietnam-era veterans (as defined in 
section 2011(2) (A) of such title) who are under thirty-five years of 
age (hereinafter in this section referred to collectively as "eligible 
veterans"), including, but not limited to— 
(1) providing for individual prime sponsors to develop local 
goals, taking into account the number of qualified eligible veterans 
and tlie number of qualified persons in other significant segments 
of the population in the area served by such sponsors, for the place-
ment of such eligible veterans in job vacancies occurring in such 
public service employment programs; and 
(2) requiring that representatives of appropriate veterans 
organizations or groups be invited to serve as temporary members 
of prime sponsors' planning councils (established under section 
104 of such Act), the States' Manpower Services Councils (estab-
lished under section 107(a)(1) of such Act), and the National 
Commission for Manpower Policy (established under section 502 
(a) of such Act). 
(b)(1) The Secretary shall make available such sums and shall 
assign such personnel as may be necessary to carry out fully and effec-
tively his responsibilities under subsection (a). The Secretary shall 
report to the Congress within 60 days of enactment of this Act on 
the amount so made available and the personnel so assigned. 
(2) In preparing the regular reports on the client characteristics 
of participants under the Comprehensive Employment and Training 
Act of 1973, the Secretary shall take all reasonable precautions to 
ensure that eligible veterans are not counted more than once. 
(c) The Secretary, in carrying out his responsibilities under this 
section, shall consult with and solicit the cooperation of the Adminis-
trator of Veterans' Affairs. 
29 use 803. 
29 use 801 note. 
29 use 814. 
29 use 817. 
29 use 952. 
Report to 
eongress. 
SPECIAL CONSIDERATION 
SEC. 306. (a) Section 205 of the Comprehensive Employment and Teaching 
Training Act of 1973 is amended by adding at the end thereof the positions, 
following new subsection: 
^^ ^^^ ^'*^-
"(d) In filling teaching positions in elementary and secondary 
schools with financial assistance under this title, each eligible appli-
cant shall give special consideration to unemployed persons with previ-
ous teaching experience who are certified by the State in which that 
applicant is located and who are otherwise eligible under the provi-
sions of this title.". 
(b) Section 602 of such Act is amended by adding at the end thereof 
29 USe 962. 
the following new subsection: 
91 STAT. 652 
PUBLIC LAW 95-93—AUG. 5, 1977 
"(f) In filling teaching positions in elementary and secondary 
.. 
^ 
schools with financial assistance under this title, each eligible applicant 
shall give special consideration to unemployed persons with previous 
teaching experience who are certified by the State in which that appli-
cant is located and who are otherwise eligible under the provisions of 
this title.". 
CLARIFYING AMENDMENT 
SEC. 307. Clause (A) of section 608(a)(1) of the Comprehensive 
29 use 968. 
Employment and Training Act of 1973 is amended to read as follows: 
"(A) who has been eligible for unemployment compensation 
benefits for fifteen or more weeks;". 
Approved August 5, 1977. 
* 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-314 (Comm. on Education and Labor) and No. 95-456 
(Comm. of Conference). 
SENATE REPORT No. 95-173 accompanying S. 1242 (Comm. on Human Resources). 
^ -'^ 
CONGRESSIONAL RECORD, VoL 123 (1977): 
May 17, considered and passed House. 
May 25, 26, considered and passed Senate, amended, in lieu of S. 1242. 
July 19, House agreed to conference report. 
July 21, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 32: 
Aug. 5, Presidential statement.