An Act to authorize appropriations for carrying out title VI of the Comprehensive Employment and Training Act of 1973, and for other purposes.
PL 94-444 (H.R.12987), enacted 10/01/1976

90 STAT. 1476 
PUBLIC LAW 94-444—OCT. 1, 1976 
Oct. 1, 1976 
[H.R. 12987] 
Emergency Jobs 
Programs 
Extension Act of 
1976. 
29 use 801 note. 
29 use 961. 
29 use 843. 
Funds, use 
restrictions. 
29 use 962. 
29 use 984. 
Financial 
records, 
maintenance and 
availability. 
Public Law 94-444 
94th Congress 
An Act 
To authorize appropriations for carrying out title VI of the Comprehensive 
Employment and Training Act of 1973, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America 
in Congress assembled^ That this Act may 
be cited as the "Emergency Jobs Programs Extension Act of 1976". 
SEC. 2. Title VI of the Comprehensive Employment and Training-
Act of 1973 is amended by striking out section 601 and inserting in 
lieu thereof the followiniJ:: 
a 
AUTHORIZATION OF APPROPRIATIONS 
"Sec. 601. There are authorized to be appropriated such sums as 
may be necessary for fiscal year 1976, and for the period beginning 
July 1, 1976, and ending September 30, 1976, and for fiscal year 1977, 
for carrying out the provisions of this title.". 
SEC. 3. (a) (1) Section 203(b) of the Comprehensive Employment 
and Training Act of 1973 is amended to read as follows: 
"(b) Notwithstanding the provisions of section 208(a) (7) of this 
Act, not less than 85 per centum of the funds allocated in accordance 
with the provisions of this title which are used by an eligible applicant 
for public service employment programs under this title shall be 
expended only for wages and employment benefits to persons employed 
in public service jobs pursuant to this title, and the remainder of such 
funds may be used for administrative costs, including rental costs 
(within such reasonable limitations as the Secretary may prescribe 
with respect to the rental of space), and to obtain necessary supplies, 
equipment, and materials.". 
(2) Section 602(b) of the Comprehensive Employment and Train-
ing Act of 1973 is amended to read as follows: 
"(b) Notwithstanding the provisions of section 208(a) (7) of this 
Act, not less than 85 per centum of the funds allocated in accordance 
with the provisions of this title which are used by an eligible applicant 
for public service employment programs under this title shall be 
expended only for wages and employment benefits to persons employed 
in public service jobs pursuant to this title, and the remainder of such 
funds may be used for administrative costs, including rental costs 
(within such reasonable limitations as the Secretary may prescribe 
with respect to the rental of space), and to obtain necessary supplies, 
equipment, and materials.". 
(b) Section 704 of the Comprehensive Employment and Training 
Act of 1973 is amended by inserting at the end thereof the following 
new subsection: 
"(d) Financial records of a prime sponsor relating to public service 
employment programs assisted under this Act and records of the 
names, addresses, positions, and salaries of all persons employed in 
public service jobs assisted under this Act shall be maintained and 
made available ito the public". 
PUBLIC LAW 94-444—OCT. 1, 1976 
90 STAT. 1477 
SEC. 4. (a) (1) With respect to appropriations made by the Emer-
gency Supplemental Appropriations Act of 1976 (Public Law 94-266, 
enacted April 15, 1976) for the purpose of carrying out activities 
authorized by title I I of the Comprehensive Employment and Train-
ing Act of 1973— 
(A) notwithstanding any other provision of law, funds made 
available under section 202(b) of the Comprehensive Employ-
ment and Training Act of 1973 may be used in any areas qualify-
ing under title VI of such Act to provide a continuation of public 
service employment activities under both title I I and title VI of 
such Act; and 
(B) in order to enable persons employed in public service jobs 
financially assisted under title VI of such Act to be transferred 
to jobs financially assisted under title I I of such Act, the Secre-
tary of Labor is authorized to waive the provision of section 
205(a) 
of 
such 
Act 
requiring 
a 
thirty-day 
period 
of 
unemployment. 
(2) The provisions of paragraph (1) of this subsection shall be 
deemed to have taken effect on the date of enactment of the Emer-
gency Supplemental Appropriations Act of 1976. Persons transferred 
after such date from jobs financially assisted under title VT of the 
Comprehensive Employment and Training Act of 1973 to jobs finan-
cially assisted under title I I of such Act, using funds made available 
under the Emergency Supplemental Appropriations Act of 1976, shall 
after the date of enactment of this Act be considered to be public 
service jobholders financially assisted under such title VI. 
(b) Subsection (b) of section 603 of the Comprehensive Employ-
ment and Training Act of 1973 is amended by adding at the end of such 
subsection the following new sentences: "In distributing funds avail-
able for the discretionary use of the Secretary of Labor under this 
subsection, the Secretary is authorized to utilize such funds to assure 
a continuation of public service employment activities supported under 
this Act. In distributing such funds under this subsection to prime 
sponsors, the Secretary shall base allocations upon the public service 
employment activities sustained within the jurisdicton of each unit of 
general local government within the area served by each such prime 
sponsor in accordance with subsection (c) of this section.". 
SEC. 5. (a) Title V I of the Comprehensive Employment and Train-
ing Act of 1973 is further amended by adding at the end thereof the 
followinir new sections: 
29 use 842 note. 
Ante, p. 362. 
29 use 841. 
29 use 842. 
29 use 861. 
Waiver. 
29 use 845. 
Effective date. 
29 use 963. 
"RESERVATION or 
FUNDS; EMPLOYMENT or 
LONG-TERM UNEMPLOYED, 
LOW-INCOME PERSONS 
"SEC. 607. (a) Each prime sponsor, in accordance with regulations 
29 USe 967. 
which the Secretary shall prescribe, shall reserve out of any alloca-
tion which it receives under this title from appropriations for fiscal 
year 1977 such amount as will be sufficient, when added to funds 
available for use under title I I of this Act during such fiscal year, 29 USe 841. 
to enable the prime sponsor to sustain throughout such fiscal year 
the number of public service jobholders supported under this title and 
title I I of this Act on June 30,' 1976. 
"(b) The amount of each prime sponsor's allocation under this title 
remaining after funds are reserved for the purpose described in sub-
section (a) of this section shall be used to provide public service jobs 
for eligible unemployed persons (as described in section 608) in proj- 
Post, p. 1478. 
90 STAT. 1478 
PUBLIC LAW 94-444—OCT. 1, 1976 
Post, p. 1479. 
Time limitation. 
29 u s e 849. 
Vacancies. 
Ante, p. 362. 
Infra. 
Post, p. 1479. 
ects and activities carried out by project applicants (as defined in 
section 701(a) (15) of this Act). Such projects and jobs shall not 
exceed twelve months in duration and shall provide employment con-
sistent with the aim of maintaining average federally supported wage 
rates for public service jobholders (adjusted on a regional and area 
basis) as set forth under section 209 (b) of this Act. 
"(c) Vacancies occurring after June 30, 1976, in jobs supported 
under this title and the Emergency Supplemental Appropriations 
Act of 1976 (Public Law 94-266) to which subsection (a) of this 
section is applicable shall be filled as follows: 
"(1) Fifty per centum of such vacancies shall be filled in 
accordance with the provisions of section 608. 
" (2) Fifty per centum of such vacancies shall be filled in accord-
ance with the provisions of this title (other than the provisions of 
this section, except for this paragraph, and of sections 608 and 
609) except that a prime sponsor may give preference in filling 
such vacancies to unemployed public health and safety personnel 
in public health and safety positions for which they are qualified. 
29 u s e 968. 
Ante, p. 1477. 
42 u s e 601. 
"Lower living 
standard income 
level." 
Funds, equitable 
allocation. 
Ante, p. 1477, 
Job applicants, 
household 
support 
obligations, 
consideration. 
" E L I G I B I L I T Y 
O F LONG-TERM 
U N E M P L O Y E D , L O W - I N C O M E 
PERSONS 
"SEC. 608. (a) In filling public service jobs with financial assistance 
available for the purposes of subsections (b) and (c) (1) of section 
607, each prime sponsor shall determine that any person to be employed 
in any such public service job (1) is an individual— 
"(A) who has been receiving unemployment compensation for 
fifteen or more weeks; 
"(B) who is not eligible for such benefits and has been unem-
ployed for fifteen or more weeks; 
"(C) who has exhausted unemployment compensation benefits; 
or 
"(D) who is. or whore family is, receiving aid to families with 
dependent children provided under a State plan approved under 
part A of title TV of the Social Security Act; 
and (2) is not a member of a household which has current gross family 
income, adjusted to an annualized basis (exclusive of unemployment 
compensation and other public payments which such individual will be 
disqualified from receiving by reason of employment under this title) 
at a rate exceeding 70 per centum of the lower living standard income 
level. 
"(b) For purposes of this section, the term 'lower living standard 
income level' means that income level (adjusted for regional and metro-
politan and urban and rural differences and family size) determined 
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. 
"(c) Tn filling public service jobs, each prime sponsor shall take 
reasonable steps, which such sponsor shall determine, to insure that 
funds provided in accordance with subsections (b) and (c) (1) of sec-
tion 607 shall be equitably allocated for jobs among the categories 
of eligible persons described in section 608(a) in light of the composi-
tion of the population of unemployed eligible persons served by the 
prime sponsor. 
"(d) In providing public service jobs and determining hours of 
work for eligible persons with financial assistance provided in accord-
ance with subsections (b) and (c) (1) of section 607, each prime spon-
sor shall take into account the household support obligations of the 
PUBLIC LAW 94-444—OCT. 1, 1976 
90 STAT. 1479 
men and women applying for such jobs, and shall give special con-
sideration to such alternative working arrangements as flexible hours 
of work, shared time, and part-time jobs, for eligible persons, particu-
larly for parents of young children and for older persons. 
"(e) The Secretary, through the affiliated State employment secu-
rity agencies, shall take steps to inform the recipients of unemployment 
compensation benefits of any available public service jobs for which 
such recipients may be eligible, but such notification shall clearly state 
that such notification is designed only to inform, and in no way to 
coerce, such recipients with respect to the availability of such jobs. 
a APPROVAL OF PROJECTS 
"SEC. 609. (a) In order for a project application submitted by a 
project applicant to be approved by the prime sponsor for 
financial 
assistance provided in accordance with subsection (b) of section 607, 
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, for the purpose of affording such council an oppor-
tunity to submit comments and recommendations with respect to that 
application to the prime sponsor. No member of a prime sponsor's 
planning council 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. 
"(b) Consistent with procedures established by the prime sponsor 
in accordance with regulations which the Secretary shall prescribe, 
the prime sponsor shall not disapprove a project application submitted 
by a project applicant unless it has first considered any comments 
and recommendations made by the prime sponsor's planning council 
and unless it has provided such applicant and the planning coimcil 
Avith a written statement of its reasons for such disapproval.". 
(b)(1) Section 701(a) of the Comprehensive Employment and 
Training Act of 1973 is amended by adding at the end thereof the 
folloAving new paragraph: 
"(15) 'project applicants' includes States and agencies thereof, 
units of general local government and agencies thereof or com-
binations or associations of such governmental units when the 
primary purpose of such combinations or associations is to assist 
such governmental units to provide public services, special purpose 
political subdivisions having the power to levy taxes and spend 
funds or serving such special purpose within an area served by 
one or more units of general local government, local educational 
agencies as defined in section 801(f) of the Elementary and Sec-
ondary Education Act of 1965, institutions of higher education as 
defined in section 1201 (a) of the Higher Education Act of 1965, 
community-based organizations as defined in paragraph (1) of 
this subsection, community development corporations, nonprofit 
groups and organizations serving Indians or Native Hawaiians, 
fi K1 other nonprofit private organizations or institutions engaged 
in public service.". 
(2) The last sentence of section 606 of the Comprehensive Employ-
ment and Training Act of 1973 is amended to read as follows: "In 
reallocating any such funds, the Secretary shall give priority first to 
other areas within the same State and then to areas within other 
Available jobs, 
notification. 
Applications. 
29 use 969. 
Ante, p. 1477. 
29 use 814. 
Disapproval. 
29 use 981. 
"Project 
applicants." 
20 use 881. 
20 use 1141. 
Funds, 
reallocation. 
29 use 966. 
90 STAT. 1480 
PUBLIC LAW 94-444—OCT. 1, 1976 
Ante, p. 1478. 
29 use 965. 
Ante, p. 1479. 
29 use 982. 
29 use 841, 
861. 
Ante, p. 1478. 
29 use 845. 
Restriction. 
29 use 965. 
States, taking into account the number of eligible unemployed indi-
viduals (as described in section 608) in such areas.". 
(3) Section 605 of the Comprehensive Employment and Training 
Act of 1973 is amended by inserting after "projects and activities" a 
comma and the following: "including projects and activities to be 
carried out by project applicants as defined in section 701 (a) (15) of 
this Act,". 
(c) Section 702 of the Comprehensive Employment and Training 
Act of 1973 is amended by adding at the end thereof the following new 
subsection: 
"(c) The Secretary shall not, by regulation or otherwise, impose 
any quota or lijnitation on the number or percentage of persons hired 
under title I I or VI, or both, of this Act who were former employees 
of public employers under this Act and who held jobs supported under 
title I I or V I of this Act on June 30, 1976, or who are hired to fill 
vacancies under the provisions of section 607(c) (2). Any person who, 
between June 30,1976, and the date of enactment of this Act, was laid 
off from a job supported under title I I or VI of this Act by reason of 
such a quota or limitation may be reinstated by the prime sponsor 
without regard to the provisions of section 607(c). Nothing in this 
subsection shall be construed to relieve any prime sponsor from com-
plying with section 205 (c) (8) of this Act.". 
(d) Section 605 of the Comprehensive Employment and Training 
Act of 1973 is amended by inserting " ( a ) " after such section desig-
nation and by adding at the end thereof the following new subsection: 
" (b) No funds for public service employment programs under this 
Act may be used to provide public services, through a private or non-
profit organization or institution, which are customarily provided by 
a State, a political subdivision, or a local educational agency in the 
area served by the project.". 
SEC. 6. (a) Title 11 of the Emergency Jobs and Unemployment 
Assistance Act of 1974 is amended by adding at the end thereof the 
following new part: 
"PART B—KEIMBURSEMENT FOR UNEMPLOYMENT BENEFITS PAID ON 
BASIS OF PUBLIC SERVICE 
EMPLOYMENT 
a 
26 use 3304 
note. 
Payment 
methods. 
PAYMENTS TO STATES 
"SEC. 220. (a) Each State shall be paid by the United States with 
respect to each individual— 
"(1) who receives compensation with respect to any benefit 
year, and 
"(2) whose base period wages for such benefit year include 
public service wages, 
an amount which bears the same ratio to the total amount of com-
pensation paid to such individual with respect to such benefit year 
for weeks of unemployment which begin on or after January 1,1976, 
as the amount of the public service wages included in the individual's 
base period wages bears to the total amount of the individual's base 
period wages. 
"(b) Each State shall be paid, either in advance or by way of reim-
bursement, as may be determined by the Secretary, the sum that the 
Secretary estimates is payable to such State under this part for each 
calendar month. The sum shall be reduced or increased by the amount 
PUBLIC LAW 94-444—OCT. 1, 1976 
90 STAT. 1481 
which the Secretary finds that his estimate for an earlier calendar 
month was greater or less than the sum which should have been paid to 
the State. Estimates shall be made on the basis of reports made by 
the State to the Secretary as prescribed by the Secretary. 
"(c) The Secretary shall, from time to time, certify to the Secre-
tary of the Treasury the sum payable to each State under this part. The 
Secretary of the Treasury, prior to audit and settlement by the Gen-
eral Accounting Office, shall pay the State in accordance with the cer-
tification from funds for carrying out the purposes of this part. 
"(d) Money paid to a State under this part may be used solely for 
the purpose of paying compensation. Money so paid which is not used 
for such purpose shall be returned, at the time specified by the Secre-
tary, to the Treasury of the United States and credited to current 
applicable appropriations, funds, or accounts from which payments to 
States under this part may be made. 
"(e) In the case of any political subdivision of a State which has 
in effect an unemployment compensation program which provides for 
the payment of compensation on the basis of services performed in 
its employ, such political subdivision shall be entitled to payments 
under this part in the same manner and to the same extent as if 
such political subdivision were a State. 
Certification. 
Unused funds, 
return to 
Treasury. 
Political 
subdivision, 
eligibility for 
payments. 
"STATE I ^ W 
PROVISIONS 
"SEC. 221. (a) The unemployment compensation law of any State 
may provide that any organization which elects to make payments 
(in lieu of contributions) into the State unemployment compensation 
fund— 
"(1) shall not be liable to make such payments after the date 
of the enactment of this section with respect to any compensa-
tion to the extent that such State is entitled to payments with 
respect to such compensation under this part; and 
"(2) shall receive credit against payments required to be made 
after such date of enactment for any such payments made on or 
before such date of enactment to the extent that such payments 
were made with respect to compensation for which the State is 
entitled to receive payments under this part. 
"(b) The unemployment compensation law of any State may, with-
out being deemed to violate the standards set forth in section 3303(a) 
of the Internal Revenue Code of 1954, provide for appropriate adjust-
ments, as may be determined by the Secretary, in the account of any 
employer who has paid public service wages to reflect the payments 
to which such State is entitled under this part with respect to com-
pensation attributable to such wages. 
26 use 3304 
note. 
Adjustments. 
26 use 3303. 
'AUTHORIZATION OF APPROPRIATIONS 
"SEC. 222. There are hereby authorized to be appropriated for pur-
poses of this part such sums as may be necessary. 
u 
DEFINITIONS 
"SEC. 223. As used in this part, the term— 
"(1) 'State' means the States of the United States, the Dis-
trict of Columbia, Puerto Rico, and the Virgin Islands; 
26 use 3304 
note. 
26 use 3304 
note. 
90 STAT. 14fi2 
PUBLIC LAW 94-444—OCT. 1, 1976 
26 use 3304 
note. 
"(2) 'compensation' means cash benefits payable to individuals 
with respect to their unemployment, except that such term shall 
not include special unemployment assistance payable under part 
"(3) 'public service job' means any public service job funded 
with assistance provided under the Comprehensive Employment 
29 use 801 note. 
and Training Act of 1973; 
"(4) 'public service wages' means remuneration for services 
performed in a public service job to the extent that such remu-
neration is paid with funds provided under the Comprehensive 
Employment and Training Act of 1973; 
"(5) 'benefit year' means the benefit year as defined by the 
applicable State unemployment compensation law; 
"(6) 'base period' means the base period as defined by the 
applicable State unemployment compensation law for the benefit 
year; and 
"(7) 'Secretary' means the Secretary of Labor." 
• 
,
• •' 
(b) Title I I of such Act is further amended— 
(1) by inserting after the heading of such title the following: 
"PART A—SPECIAL UNEMPLOYMENT ASSISTANCE"; 
(2) by striking out "this title" each place it appears and insert-
ing in lieu thereof "this part"; and 
(3) by striking out "the title" in section 210(a) and inserting 
in lieu thereof "this title". 
(c) The amendments made by this section shall take effect on Octo-
ber 1,1976, with respect to compensation paid for weeks of unemploy-
ment beginning after December 31, 1975. 
SEC. 7. Section 20,5 (c) (24) of the Comprehensive Employment and 
Training Act of 1973 is amended by striking out "job category" in 
both places where that term occurs in such clause and inserting in lieu 
thereof "promotional line". 
SEC, 8. (a) Section 602(e) of the Comprehensive Employment and 
Training Act of 1973 is amended by striking out "Indian tribes on 
Federal or State reservations" and inserting in lieu thereof "Indian 
tribes, bands, and groups qualified under section 302(c)(1) of this 
Act". 
(b) Section 603(a) of the Comprehensive Employment and Train-
ing Act of 1973 is amended by redesignating paragraphs (1) and (2) 
thereof as paragraphs (2) and (3), respectivelv, and by inserting 
immediately after " ( a ) " the following: "(1) The Secretary shall 
reserve an amount equal to not less than 2 per centum of the amounts 
appropriated under section 601 for any fiscal year to enable Indian 
tribes, bands, and groups which are designated as eligible applicants 
under this title to carry out public service employment programs.". 
;. -- 
(c) Section 603(a)(2) of such Act, as redesignated by subsection 
(b) of this section, is amended by inserting after "per centum" the 
following: "of the remainder". 
SEC. 9. (a) Section 704 of the Comprehensive Employment and 
Ante, p. 1476. 
Training Act of 1973 (as amended by section 3(b) of this Act) is 
further amended by adding at the end thereof the following new 
subsection: 
"(e) Notwithstanding any other provision of law, funds allocated 
by a prime sponsor or an Indian tribe, band, or group for the employ-
29 use 850. 
Effective date. 
29 use 3304 
note. 
29 
use 
845. 
29 
use 
962. 
29 
use 
872. 
29 
use 
963. 
29 
use 
861. 
PUBLIC LAW 94-444—OCT. 1, 1976 
90 STAT. 1483 
merit of individuals under this Act may be expended in conjunction 
with funds from any other public or private source, but funds allo-
cated under this Act may only be expended in accordance with the 
requirements of this Act.". 
(b) The heading of such section 704 is amended to read as follows: 
"SPECIAL PROVISIONS". 
SEC. 10. Section 311 of the Comjjrehensive Employment and Train-
ing Act of 1973 is amended by adding at the end thereof the following 
new subsection: 
"(e) The Secretary is authorized to undertake projects 
(either 
directly or by grant or contract) for the purpose of demonstrating 
the feasibility of providing relocation assistance to unemployed work-
ers residing in areas of substantial unemployment who would other-
wise be eligible for public service employment under this Act. Such 
assistance shall be in such form and amount as the Secretary deems 
appropriate for demonstration purposes, except that he shall use as a 
general guideline the form and amount of relocation assistance avail-
able under chapter 2 of title I I of the Trade Act of 1974.". 
SEC. 11. Section 704 of the Comprehensive Employment and Train-
ing Act of 1973 (as amended by sections 3(b) and 9 of this Act) is 
further amended by adding at the end thereof the following new 
subsection: 
"(f) Notwithstanding any other provision of law, employment and 
training services furnished under this Act in connection with weather-
ization projects authorized under section 222(a) (12) of the Economic 
Opportunity Act of 1964 may include work on such projects for the 
near poor, including families having incomes which do not exceed 125 
per centum of the poverty line as established by section 625 of the 
Economic Opportunity Act of 1964.". 
SEC. 12, (a) Section 104(b) of the Emergency Jobs and Unem-
ployment Assistance Act of 1974 is amended by— 
(1) striking out "by this Act" after "amended"; and 
(2) inserting at the end of such subsection the following new 
sentence: "They shall also report to such committees on the same 
subjects not later than ninety davs after the date of enactment of 
the Emergency Jobs Programs Extension Act of 1976.". 
(b) Title I of the Comprehensive Employment and Training Act 
of 1973 is amended by— 
(1) inserting at the end of section 105(a)(3) the following 
"and (E) provides such arrangements as may be appropriate to 
promote maximum feasible use of apprenticeship or other on-job 
training opportunities available under section 1787 of title 38, 
United States Code;"; and 
(2) striking out in section 106(b) (5) "provide special emphasis" 
and inserting in lieu thereof "take affirmative action". 
SEC. 13. (a) (1) The Congress finds and declares that— 
(A) the reliable and comprehensive measurement of employ-
ment and unemployment is vital to assessing the Nation's eco-
nomic well-being and the utilization of its work force, and is an 
important determinant of public policies toward job creation, 
education, training, assistance for the jobless, and other labor 
market programs; 
29 use 984. 
29 use 881. 
Relocation 
assistance. 
19 
use 
2271. 
Ante, pp. 1476, 
1482. 
42 
use 
2809. 
42 
use 
2971d. 
38 
use 
2002 
note. 
Report to 
congressional 
committees. 
29 use 815. 
29 use 816. i 
29 use 952 note. 
90 STAT. 1484 
PUBLIC LAW 94-444—OCT. 1, 1976 
National 
Commission on 
Employment and 
Unemployment 
Statistics. 
Establishment. 
Membership. 
Vacancies. 
Advisory 
members. 
(B) the allocation of billions of dollars of Federal funds on 
the basis of unemployment data is increasing, making even more 
crucial the timely, accurate, and uniform measurement of the 
labor force; 
(C) the formulation of public policies to promote the most 
effective use of our human resources is hindered by inadequate 
information on the utilization and effect of education and training 
programs; 
(D) in order for governmental and private sector policy deci-
sions to have maximum effect upon reducing unemployment and 
strengthening the labor force, an accurate and precise system for 
measuring employment and unemployment and its impacts on 
particular segments of the potential work force is essential; 
(E) the current method of data collection and the form of its 
presentation, at national, regional, and subregional levels, may 
not fully reflect unemployment and employment trends, and may 
produce incomplete and, therefore, misleading conclusions, thus 
impairing the validity and utility of this critical economic indi-
cator ; 
(F) it is critical to retain public confidence in the procedures, 
concepts, and methodology of collecting, analyzing, and present-
ing employment and unemployment statistics; and 
(G) objectivity is a necessity in considering reform of statis-
tical processes. 
(2) It is the purpose of this section to establish a National Com-
mission on Employment and Unemployment Statistics to have respon-
sibility for examining the procedures, concepts, and methodology 
involved in employment and unemployment statistics and suggesting 
ways and means of improving them. 
(b)(1) There shall be established a National Commission on 
Employment and Unemployment Statistics (hereinafter in this section 
referred to as the "Commission") which shall consist of nine members 
appointed by the President, by and with the advice and consent of the 
Senate. Seven of the members shall be selected on the basis of their 
knowledge of and experience in the procedures, methodology, or use 
of employment and unemployment statistics, and shall be broadly 
representative of labor, business and finance, education and training, 
economics and statistics, and State and local government. Two of the 
members shall be selected from the general public. The membership of 
the Commission shall be generally representative of significant seg-
ments of the labor force, including women and minority groups. Any 
vacancy in the Commission shall not affect its powers as long as there 
continues to be at least five members; and any such vacancy may be 
filled in the same manner as the original appointment is made. 
(2) Except when six members of the Commission shall vote to hold 
an executive session for a particular purpose, the Secretary of Labor, 
the Secretary of Commerce, the Commissioner of Labor Statistics, the 
Director of the Bureau of the Census, the Director of the Office of 
Management and Budget, the Chairman of the National Commission 
for Manpower Policy, the Chairman of the Council of Economic 
Advisers, and a majority and a minority member each of the Joint 
Economic Committee, of the Committee on Labor and Public Welfare 
of the Senate, and of the Committee on Education and Labor of the 
House of Representatives, or in each case a designee, shall assist and 
participate in the hearings, deliberations, and other activities of the 
Commission on an advisory basis. 
PUBLIC LAW 94-444—OCT. 1, 1976 
90 STAT. 1485 
(3) The President shall designate a Chairman from among the 
appointed members of the Commission. 
(4) The Chairman, with the concurrence of the Commission, shall 
appoint an executive director, who shall be the chief executive officer 
of the Commission and shall perform such duties as are prescribed 
by the chairman or the Commission. The executive director may 
appoint, with the concurrence of the Chairman, such professional, 
technical, and clerical staff as are necessary to carry out the provisions 
of this section. The executive director and staff shall be appointed 
without regard to the provisions of title 5, United States Code, govern-
ing appointments to the competitive service, governing appointments 
to the competitive service, and without regard to the provisions of 
chapter 51 and subchapter III of chapter 53 of such title relating to 
classification and General Schedule pay rates, but at rates not in excess 
of the maximum rate of GS-18 of the General Schedule under section 
5332 of such title. The executive director, with the concurrence of the 
Chairman, may obtain temporary and intermitten services of experts 
and consultants in accordance with the provisions of section 3109 of 
title 5, United States Code. The Commission may utilize such staff, 
with or without reimbursement, from the Department of Labor, the 
Department of Commerce, and such other appropriate Federal agen-
cies as may be available to assist the Commission in carrying out its 
responsibilities. 
(5) The Commission shall determine its own internal procedures, 
including the constituting of a quorum. 
(6) The Commission is authorized to accept and utilize voluntary 
and uncompensated services notwithstanding the provisions of section 
665(b) of title 31, United States Code. 
(7) Members of the Commission who are not officers or employees 
of the Federal Government shall be paid compensation at a rate of not 
to exceed the per diem equivalent of the rate for GS-18 of the General 
Schedule under section 5332 of title 5, United States Code, when 
engaged in the work of the Commission, including traveltime; and 
while serving away from their homes or regular places of business, 
shall be allowed travel expenses including per diem in lieu of sub-
sistence, in the same manner as such expenses are authorized by law 
(5 U.S.C. 5703) for persons in the Government service employed 
intermittently. 
(c) The Commission shall— 
(1) identify the needs of the Nation for labor force statistics 
and assess the extent to which current procedures, concepts, and 
methodology in the collection, analysis, and presentation of such 
statistics constitute a comprehensive, reliable, timely, and con-
sistent system of measuring employment and unemployment and 
indicating trends therein; and 
(2) conduct or provide (through contract with institutions, 
organizations, and individuals, or appropriate Federal or State 
agencies, or otherwise) for such studies, hearings, research, or 
other activities as it deems necessary to enable it to formulate 
appropriate recommendations. 
The Commission or, on the authorization of the Commission, any 
subcommittee or members thereof, may, for the purposes of carrying 
out the provisions of this section, hold such hearings, take such testi-
mony, and sit and act at such times and places as the Commission 
deems advisable. Any member authorized by the Commission may 
administer oaths or affirmations to witnesses appearing before the 
Commission or any subcommittee or members thereof. 
Chairman. 
Executive 
director, 
appointment. 
5 u s e 101 et seq. 
5 u s e 5101 et 
seq., 5331. 
5 u s e 5332 note. 
Experts and 
consultants. 
Compensation. 
5 u s e 5332 note. 
Duties. 
Hearings. 
90 STAT. 1486 
PUBLIC LAW 94-444—OCT. 1, 1976 
Report to 
(<i) (1) The Commission shall make a report of its findings and 
President and 
recommendations to the President and the Congress within eighteen 
Congress. 
months after the date of appointment of the first five members of the 
Commission. 
(2) In preparing its report, the Commission shall consider the 
following: 
(A) The methodology of collection of employment and unem-
ployment data at all levels, including National, regional. State, 
and local statistics. 
(B) The methodology of analysis of such data, including its 
relevance and application. 
(C) The methodology of presentation of employment and 
"• . 
unemployment statistics, including the dissemination, current 
v 
utilization, and application of such statistics. 
(D) Alternative methods of such collection, analysis, and 
.. 
presentation. 
(E) The need for additional special statistical surveys (includ-
ing longitudinal studies) and reports on a continuing basis. 
(F) The need for additional data and analysis on job vacancies, 
job turnover, job matching, discouraged workers, part-time work-
ers, youth, minorities, women, and other labor force participants. 
(G) Accuracy and uniformity of seasonal adjustments in all 
categories of labor force statistics. 
(H) Methods of achieving current, accurate, and uniform 
employment and unemployment statistics on a State and local 
basis, including their use as a determinant of the allocation of 
Federal assistance. 
(I) The need for, and methods to obtain, data relating employ-
•"-.f5 -;.:'. • • 
ment status and earnings, economic hardship, and family support 
obligations. 
(J) The extent to which employment and earnings data assist 
.... „t,: t'-' G 
in determining the impact of public programs and policies upon 
persons who are economically disadvantaged, unemployed, or 
underemployed. 
(K) The availability of and need for periodic information on 
education and training enrollments and completions in the public 
and private sectors. 
(L) Statistical indicators of the relationship between education 
J-.,.. , 
and training and subsequent employment, earnings, and unem-
ployment experience. 
(M) The value and usefulness of other statistics regarding 
employment and unemployment, such as those obtained through 
operation of the unemployment insurance system. 
(N) The availability of and need for current and projected 
occupational information, particularly on a local basis, to assist 
youths and adults in making training, education, and career 
choices. 
(O) Such other matters as the Commission deems appropriate 
or necessary, including such matters as are suggested by the Presi-
dent or by the Congress that the Commission deems appropriate. 
Draft regulations 
(3) The Commission's report shall contain its findings and recom-
and legislation. 
mendations, including a feasible schedule for their implementation, 
cost estimates, and any appropriate draft regulations and legislation 
to implement such recommendations. 
PUBLIC LAW 94-444—OCT. 1, 1976 
90 STAT. 1487 
(4) The Commission may make such interim reports or recom-
mendations as it may deem desirable. 
(e) Upon submission of the Commission's final report, the Secretary 
Report to 
of Labor shall take steps to ascertain the views of each affected execu- Congress, 
tive agency and, within six months after the report's submission, shall 
make an interim report to the Congress on— 
(1) the desirability, feasibility, and cost of implementing each 
of the Commission's recommendations, and the actions taken or 
planned with respect to their implementation; and 
(2) recommendations with respect to any legislation proposed 
by the Commission, the need for any alternative or additional leg-
islation to implement the Commission's recommendations, and any 
other proposals to strengthen and improve the measurement of 
employment and unemployment. 
Within two years after submission of the Commission's final report, 
the Secretary shall submit a final report to the Congress detailing the 
actions taken with respect to the recommendations of the Commission, 
together with any further recommendations deemed appropriate. 
(f) (1) Each department, agency, and instrumentality of the Federal 
Government is authorized and directed to cooperate fully with the 
Commission in furnishing appropriate information to assist the Com-
mission in carrying out its functions under this section. 
(2) The head of each department, agency, or instrumentality of the 
Federal Government is authorized to provide such support and services 
to the Commission, upon request of the Chairman, as may be agreed 
between the head of the department, agency, or instrumentality and 
the Chairman. 
(g) The Commission shall cease to exist one hundred and eighty 
days after submission of its final report as required under subsection 
(d) (1) of this section. 
(h) (1) There are authorized to be appropriated such sums as may 
be necessary to carry out the provisions of this section. 
(2) Notwithstanding any other provision of law, any funds appro-
priated to carry out this section which are not obligated prior to the 
end of the fiscal year for which such funds were appropriated shall 
remain available for obligation during the succeeding fiscal year. 
SEC. 14. (a) Section 202 of the Comprehensive Employment and 
Training Act of 1973 is amended by adding at the end thereof the 
following new subsection: 
"(c) Whenever the Secretary allocates any funds available under 
subsection (b) of this section through a distribution based upon a 
formula, he shall, not later than 30 days prior to such allocation, pub-
lish in the Federal Register for comment the specific formula upon 
which such distribution is based, the rationale supporting the selection 
of the formula, and the proposed distribution to each prime sponsor. 
After consideration of comments received under the preceding sen-
tence, the Secretary shall publish final allocations.". 
(b) Section 603 of such Act is amended by adding at the end thereof 
29 USC 963. 
the following new subsection: 
"(d) Whenever the Secretary allocates any funds available under 
Publication in 
subsection (b) of this section through a distribution based upon a 
Federal Register, 
formula, he shall, not later than 30 days prior to such allocation, pub-
lish in the Federal Register the specific formula upon which such dis-
tribution is based, the rationale behind the selection of the formula, 
and the proposed distribution for each prime sponsor. After consider-
ation of comments received under the preceding sentence, the Secre-
tary shall publish final allocations.". 
Termination. 
Appropriation 
authorization. 
29 USC 842. 
Publication in 
Federal Register. 
89-194 0—7H—nt 1 
Q7 
90 STAT. 1488 
PUBLIC LAW 94-444—OCT. 1, 1976 
Public service 
employment 
programs, study. 
29 u s e 953 note. 
29 u s e 951. 
29 u s e 841, 
861. 
Report to 
eongress. 
Appropriation 
authorization. 
SEC. 15. (a) The National Commission for Manpower Policy, estab-
lished under title V of the Comprehensive Employment and Training 
Act of 1973, shall conduct a study of the net employment effects of the 
public service employment programs authorized by title II and title 
VI of the Comprehensive Employment and Trainmg Act of 1973. 
(b) The National Commission for Manpower Policy shall prepare 
and submit to the Congress not later than March 31,1978, a report on 
the study rejjuired by this section, together with such recommenda-
tions, including recommendations for legislation, as such Commission 
deems advisable. 
(c) There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this section. 
Approved October 1, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-1019 (Comm. on Education and Labor) and No. 94-1514 
(eomm. of eonference). 
SENATE REPORT No. 94-883 (Comm. on Labor and Public Welfare). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
Apr. 30, considered and passed House. 
Aug. 9, 10, considered and passed Senate, amended. 
Sept. 17, House agreed to conference report. 
Sept. 22, Senate agreed to conference report. 
,