Public works employment act of 1976(S. 3201)

MISSING IMAGE

Material Information

Title:
Public works employment act of 1976(S. 3201) Public Law 94-369 together with fact sheet and section-by-section analysis
Series Title:
Serial - House, Committee on Public Works and Transportation ; no. 94-52
Physical Description:
iii, 27 p. : ; 24 cm.
Language:
English
Creator:
United States -- Congress. -- House. -- Committee on Public Works and Transportation
Publisher:
U.S. Govt. Print. Off.
Place of Publication:
Washington
Publication Date:

Subjects

Subjects / Keywords:
Economic assistance, Domestic -- Law and legislation -- United States   ( lcsh )
Unemployed -- United States   ( lcsh )
Public works -- United States   ( lcsh )
Public service employment -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Statement of Responsibility:
Committee on Public Works and Transportation.
General Note:
At head of title: 94th Congress, 2d session. Committee print.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 026011750
oclc - 02749225
System ID:
AA00024879:00001

Full Text
)JLj V~f~:


f


PUBLIC WORKS EMPLOYMENT

(S. 3201)


ACT OF 1976


Public Law 94-369

together with


Fact Sheet and


Section-by-Section Analysis


AUGUST 1976


Printed for the use of the w
Committee on Public Works and Transportation

U.S. GOVERNMENT PRINTING OFFICE


WASHINGTON : 1976


I:'


I I


94 oness } COMMITTEE PRINT


d Sessi(94-52)on


(94-52)


75-67 0









































































































- -- d *'*..

% 4. 1 *-


C. i ;


a

-. .vr,.
C

A

a


r


4'*


,4;.10
"4


C t
4
S
t*~ *. eflE
I. ~s*'~ ~ ~i- V
ii,'.

S


* ... ME




I
~-4 ~,
'V
-A


r
r *.
*A
A































CONTENTS

Page
Public Law 94-369 ----------------------------------------------- 1
Fact sheet ----------------------------------------------------- 15
Section-by-section analysis---------------------------------------- 19
Proposed allotment of $700 million for water pollution abatement under
title III of S. 3201-------------------------------------------- 27
(III)



















Digitized by the Internet Archive
in 2013













http://archive.org/details/worksemplo00u nit








mPublic Law 94- 369
94th Congress, S. 3201
July 22, 1976

an act
To authorize a local public works capital development and investment pro-
gram, to establish an antirecessionary program, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Public Works Employment Act of 1976".

TITLE I-LOCAL PUBLIC WORKS

SEC. 101. This title may be cited as the "Local Public Works Capital
Development and Investment Act of 1976".
SEC. 102. As used in this title, the term-
(1) "Secretary" means the Secretary of Commerce, acting
through the Economic Development Administration.
(2) "State" includes the several States, the District of Colum-
bia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, and American Samoa.
(3) "local government" means any city, county, town, parish,
or other political subdivision of a State, and any Indian tribe.
SEC. 103. (a) The Secretary is authorized to make grants to any
State or local government for construction (including demolition and
other site preparation activities), renovation, repair, or other improve-
ment of local public works projects including but not limited to those
public works projects of State and local governments for which Fed-
eral financial assistance is authorized under provisions of law other
than this Act. In addition the Secretary is authorized to make grants
to any State or local government for the completion of plans, specifi-
cations, and estimates for local public works projects where either
architectural design or preliminary engineering or related planning
has already been undertaken and where additional architectural and
engineering work or related planning is required to permit construc-
tion of the project under this Act.
(b) The Federal share of any project for which a grant is made
under this section shall be 100 per centum of the cost of the project.
SEc. 104. In addition to the grants otherwise authorized by this Act,
the Secretary is authorized to make a grant for thepurpose of increas-
ing the Federal contribution to a public works project for which Fed-
eral financial assistance is authorized under provisions of law other
than this Act. Any grant made for a public works project under this
section shall be min such amount as may be necessary to make the
Federal share of the cost of such project 100 per centum. No grant
shall be made for a project under this section unless the Federal finan-
cial assistance for such project authorized under provisions of law
other than this Act is immediately available for such project and
construction of such project has not yet been initiated because of lack
of funding for the non-Federal share.
SEC. 105. In addition to the grants otherwise authorized by this
Act, the Secretary is authorized to make a grant for the purpose of
providing all or any portion of the required State or local share of
the cost of any public works project for which financial assistance is


Public
Wodrk Em-
ployment Act
of 1976.
42 USC 6701
note.
Local Pub-
lic Worksl
Capital
Development
and Invest-
ment Act of
1976.
42 USC 6701
note.,
Definitios.
42 USC 6701.
Grantz.
42 USC 6702.










Federal
share.
42 USC 6703.










42 USC 6704,


90 STAT. 999


(1)







Pub. Law 94-369 2 -


42 USC 6705,

















Rules and
regulation.
42 USC 6706.













42 USC 6707.


authorized under any provision of State or local law requiring such
contribution. Any grant made for a public works project under this
section shall be made in such amount as may be necessary to provide
the requested State or local share of the cost of such project. A grant
shall be made under this section for either the State or local share of
the cost of the project, but not both shares. No grant shall be made
for a project under this section unless the share of the financial
assistance for such project (other than the share with respect to which
a grant is requested under this section) is immediately available for
such project and construction of such project has not yet been
initiated..
SEc. 106. (a) No grant shall be made under section 103, 104, or 105
of this Act for any project having as its principal purpose the
channelization, damming, diversion, or dredging of any natural
watercourse, or the construction or enlargement of any canal (other
than a canal or raceway designated for maintenance as an historic
site) and having as its permanent effect the channelization, damming,
diversion, or dredging of such watercourse or construction or enlarge-
ment of any canal (other than a canal or raceway designated for
maintenance as an historic site).
(b) No part of any grant made under section 103, 104, or 105 of
this Act shall be used for the acquisition of any interest in real
property.
(c) Nothing in this Act shall be construed to authorize the pay-
ment of maintenance costs in connection with any projects constructed
(in whole or in part) with Federal financial assistance under this Act.
(d) Grants made by the Secretary under this Act shall be made
only for projects for which the applicant gives satisfactory assurances,
in such manner and form as may be required by the Secretary and in
accordance with such terms and conditions as the Secretary may
prescribe, that, if funds are available, on-site labor can begin within
ninety days of project approval.
SEc. 107. The Secretary shall, not later than thirty days after date
of enactment of this Act, prescribe those rules, regulations, and proce-
dures (including application forms) necessary to carry out this Act.
Such rules, regulations, and procedures shall assure that adequate
consideration is given to the relative needs of various sections of the
country. The Secretary shall consider among other factors (1) the
severity and duration of unemployment in proposed project areas,
(2) the income levels and extent of underemployment in proposed
project area, and (3) the extent to which proposed projects will con-
tribute to the reduction of unemployment. The Secretary shall make
a final determination with respect to each application for a grant
submitted to him under this Act not later than the sixtieth day after
the date he receives such application. Failure to make such final deter-
mination within such period shall be deemed to be an approval by the
Secretary of the grant requested. For purposes of this section, in
considering the extent of unemployment or underemployment, the
Secretary shall consider the amount of unemployment or under-
employment in the construction and construction-related industries.
SEC. 108. (a) Not less than one-half of 1 per centum or more than
121/2 per centum of all amounts appropriated to carry out this title
shall be granted under this Act for local public works projects within
any one State, except that in the case of Guam, Virgin Islands, and
American Samoa, not less than one-half of 1 per centum in the


90 STAT. 1000


July 22, 1976







Pub. Law 94-369


aggregate shall be granted for such projects in all three of these
jurisdictions.
(b) In making grants under this Act, the Secretary shall give
priority and preference to public works projects of local governments.
(c) In making grants under this Act, if for the three most recent
consecutive months, the national unemployment rate is equal to or
exceeds 6 per centum, the Secretary shall (1) expedite and give
priority to applications submitted by States or local governments
having unemployment rates for the three most recent consecutive
months in excess of the national unemployment rate and (2) shall give
priority thereafter to applications submitted by States or local gov-
ernments having unemployment rates .for the three most recent con-
secutive months in excess of 61/2 per centum, but less than the national
unemployment rate. Information regarding unemployment rates may
be furnished either by the Federal Government, or by States or local
governments, provided the Secretary determines that the unemploy-
ment rates furnished by States or local governments are accurate, and
shall provide assistance to States or local governments in the calcula-
tion of such rates to insure validity and standardization.
(d) Seventy per centum of all amounts appropriated to carry out
this Act shall be granted for public works projects submitted by State
or local governments given priority under clause (1) of the first sen-
tence of subsection (c) of this section. The remaining 30 per centum
shall be available for public works projects submitted by State or
local governments in other classifications of priority.
(e) The unemployment rate of a local government shall, for the
purposes of this Act, and upon request of the applicant, be based upon
the unemployment rate of any community or neighborhood (defined
without regard to political or other subdivisions or boundaries) within
the jurisdiction of such local government, except that any grant made
to a local government based upon the unemployment rate of a commu-
nity or neighborhood within its jurisdiction must be for a project of
direct benefit to, or provide employment for, unemployed persons
who are residents of that community or neighborhood.
(f) In determining the unemployment rate of a local government
for the purposes of this section, unemployment in those adjoining areas
from which the labor force for such project may be drawn, shall, upon
request of the applicant, be taken into consideration.
(g) States and local governments making application under this
Act should (1) relate their specific requests to existing approved plans
and programs of a local community development or regional develop-
ment nature so as to avoid harmful or costly inconsistencies or con-
tradictions; and (2) where feasible, make requests which, although
capable of early initiation, will promote or advance longer range plans
and programs.
SEC. 109. All laborers and mechanics employed by contractors or
subcontractors on projects assisted by the Secretary under this Act
shall be paid wages at rates not less than those prevailing on similar
construction in the locality as determined by the Secretary of Labor
in accordance with the Davis-Bacon Act, as amended (40 U.S.C.
276a-276a-5). The Secretary shall not extend any financial assistance
under this Act for such project without first obtaining adequate assur-
ance that these labor standards will be maintained upon the construc-
tion work. The Secretary of Labor shall have, with respect to the
labor standards specified in this provision, the authority and func-
tions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R.


90 STAT. 1001


42 USC 6708.


July 22, 1976


- 3 -







Pub. Law 94-369 4 -


S USC app. I.
Nondiscrimnina-
tion.
42 USC 6709.



42 USC 2000d.

Appropriation
athorization.
42 USC 6710.


42 USC 6721.


3176; 64 Stat. 1267; 5 U.S.C. 133z-15), and section 2 of the Act of
June 13, 1964, as amended (40 U.S.C. 276c).
SEC. 110. No person shall on the ground of sex be excluded from
participation in, be denied the benefits of, or be subjected to discrim-
ination under any project receiving Federal grant assistance under
this Act, including any supplemental grant made under this Act.
This provision will be enforced through agency provisions and rules
similar to those already established, with respect to racial and other
discrimination under title VI of the Civil Rights Act of 1964. However,
this remedy is not exclusive and will not prejudice or cut off any other
legal remedies available to a discriminate.
SEc. 111. There is authorized to be appropriated not to exceed
$2,000,000,000 for the .period ending September 30, 1977, to carry out
this Act.

TITLE II-ANTIRECESSION PROVISIONS
FINDINGS OF F .7.' AND DECLARATION OF POLICY
SEC. 201. FINDINGs.-The Congress finds-
(1) that State and local governments represent a significant
segment of the national economy whose economic health is essen-
tial to national economicprosperity;
(2) that present national economic problems have imposed
considerable hardships on State and local government budgets;
(3) that those governments, because of their own fiscal iffi-
culties, are being forced to take budget-related actions which
tend to undermine Federal Government efforts to stimulate the
economy;
(4) that efforts to stimulate the economy through reductions
in Federal Government tax obligations are weakened when State
and local governments are forced to increase taxes;
(5) that the net effect of Federal Government efforts to reduce
unemployment through public service jobs is substantially lim-
ited if State and local governments use federally financed public
service employees to replace regular employees that they have been
forced to lay off;
(6) that efforts to stimulate the construction industry and
reduce unemployment are substantially undermined when State
and local governments are forced to cancel or delay the con-
struction of essential capital projects; and
(7) that efforts by the Federal Government to stimulate the eco-
nomic recovery will be substantially enhanced by a program of
emergency Federal Government assistance to State and local gov-
ernments to help prevent those governments from taking budget-
related actions which undermine the Federal Government efforts
to stimulate economic recovery.


FINANCIAL ASSISTANCE AUTHORIZED


42 USC 6722.


SEC. 202. (a) PAYMENTS TO STATE AND LOCAL GOVERNXMENTwrs.-The
Secretary of the Treasury (hereafter in this title referred to as the
"Secretary") shall, in accordance with the provisions of this title,
make payments to States and to local governments to coordinate
budget-related actions by such governments with Federal Government
efforts to stimulate economic recovery.


90 STAT. 1002


July 22, 1976







Pub. Law 94-369


(b) AUTHORIZATION or APPROPRIATIONS.-Subject to the provisions
of subsections (c) and (d), there are authorized to be appropriated for
each of the five succeeding calendar quarters (beginning with the
calendar quarter which begins on July 1, 1976) for the purpose of
payments under this title-
(1) $125,000,000 plus
2) $62,500,000 multiplied by the number of one-half per-
centage points by which the rate of seasonally adjusted national
unemployment for the most recent calendar quarter which ended
three months before the beginning of such calendar quarter
exceeded 6 percent.
(c) AGGREGATE AUT'HORIZATION.-In no case shall the aggregate
amount authorized to be appropriated under the provisions of sub-
section (b) for the five calendar quarters beginning with the calendar
quarter which begins July 1, 1976, exceed $1,250,000,000.
(d) TERMINATION.-No amount is authorized to be appropriated
under the provisions of subsection (b) for any calendar quarter if-
(1) the average rate of national unemployment during the most
recent calendar quarter which ended three months before the
beginning of such calendar quarter did not exceed 6 percent, and
(2) the rate of national unemployment for the last month of
the most recent calendar quarter which ended three months
before the beginning of such calendar quarter did not exceed
6 percent.
ALLOCATION
SEC. 203. (a) RESERVATIONS.-
(1) ELIGIBLE STATES.-The Secretary shall reserve one-third
of the amounts appropriated pursuant to authorization under
section 202 for each calendar quarter for the purpose of making
payments to eligible State governments under subsection (b).
(2) ELIGmzLE UNITS OF LOCAL GOVERNMENT.-The Secretary
shall reserve two-thirds of such amounts for the purpose of mak-
ing payments to eligible units of local government under subsec-
tion (c).
(b) STATE ALLOCATION.-
(1) IN GEN.RAL.-The Secretary shall allocate from amounts
reserved under subsection (a)(1) an amount for the purpose of
making payments to each State equal to the total amount reserved
under subsection (a) (1) for the calendar quarter multiplied by
the applicable State percentage.
(2) APPLICABLE STATE PERCENTAGE.-For purposes of this sub-
section, the applicable State percentage is equal to the quotient
resulting from the division of the product of-
(A) the State excess unemployment percentage, multi-
plied by
(B) the State revenue sharing amount by the sum of such
products for all the States.
(3 DEFINrTIONS.-For the purposes of this section-
(A) the term "State" means each State of the United
States;
(B) the State excess unemployment percentage is equal
to the difference resulting from the subtraction of 4.5 per-
centage points from the State unemployment rate for that
State but shall not be less than zero;


42 USC 6723.


90 STAT. 1003


July 22, 1976


- 5 -







Pub. Law 94-369


31 USC 1226.


(C) the State unemployment rate is equal to the rate of
unemployment in the State during the appropriate calendar
quarter, as determined by the Secretary of Labor and
reported to the Secretary; and
(D) the State revenue sharing amount is the amount deter-
mined under section 107 of the State and Local Fiscal Assist-
ance Act of 1972 for the one-year period beginning on July 1,
1975.
(c) LOCAL GOVERNMENT ALLOCATION.-
(1) IN GENERAL.-The Secretary shall allocate from amounts
reserved under subsection (a) (2) an amount for the purpose of
making payments to each local government, subject to the provi-
sions of paragraphs (3) and (5), equal to the total amount
reserved under such subsection for calendar quarter multiplied
by the local government percentage.
(2) LOCAL GOVERNMENT PERCENTAGE.-For purposes of this sub-
section, the local government percentage is equal to the quotient
resulting from the division of the product of-
(A) the local excess unemployment percentage, multiplied
by
(B) the local revenue sharing amount, by the sum ofsuch
products for all local governments.
(3) SPECIAL RULE.-
(A) For purposes of paragraphs (1) and (2), all local
governments within the jurisdiction of a State other than
identifiable local governments shall be treated as though they
were one local government.
(B) The Secretary shall set aside from the amount allo-
cated under paragraph (1) of this subsection for all local
government within the jurisdiction of a State which are
treated as though they are. one local government under sub-
paragraph (A) an amount determined under subparagraph
(C) for the purpose of making payments to each local gov-
ernment, other than identifiable local governments within
the jurisdiction of such State.
(C) The amount set aside for the purpose of making pay-
ments to each local government, other than an identifiable
local government, with the jurisdiction of a State under sub-
paragraph (B) shall be-
(i) equal to the total amount allocated under para-
graph (1) of this subsection for all local governments
within the jurisdiction of such State which are treated
as though they are one local government under subpara-
graph (A) multiplied by the local government percent-
age as defined in. paragraph (2) (determined without
regard to the parenthetical phrases at the end of para-
graphs (4) (B) and (C) of this subsection), unless
(ii) such State submits, within thirty days, after the
effective date of this title, an allocation plan which has
been approved by the State legislature and which meets
the requirements set forth in section 206(a), and is
approved by the Secretary under the provisions of sec-
tion 206 (b). In the event that a State legislature is not
scheduled to meet in regular session within three months
after the effective date of this title, the Governor of such
State shall be authorized to submit an alternative plan


90 STAT. 1004


- 6 -


July 22, 1976






- 7 Pub. Law 94-369


which meets the requirements set forth in section 206 (a),
and is approved by the Secretary under the provisions
of section 206(b). "
(D) If local unemployment rate data (as defined in
paragraph (4) (B) of this subsection without regard to the
parenthetical phrase at the end of such definition) for a local
government jurisdiction is unavailable to the Secretary for
purposes of determining the amount to be set aside for such
government under subparagraph (C) then the Secretary
shall determine such amount under subparagraph (C) by
using the local unemployment rate determined under the
parenthetical phrase of subsection (4) (B) for all local
governments in such State treated as one jurisdiction under
paragraph (A) of this subsection unless better unemploy-
ment rate data, certified by the Secretary of Labor, is
available.
(4) DEFINMFIoNS.-For purposes of this subsection-
(A) the local excess unemployment percentage is equal
to the difference resulting from the subtraction of 4.5 per-
centage points from the local unemployment rate, but shall
not be less than zero;
(B) the local unemployment rate is equal to the rate of
unemployment in the jurisdiction of the local government
during the appropriate calendar quarter, as determined by
the Secretary of Labor and reported to the Secretary (in the
case of local governments treated as one local government
under paragraph (3) (A), the local unemployment rate shall
be the unemployment rate of the State adjusted by excluding
consideration of unemployment and of the labor force within
identifiable local governments, other than county govern-
ments, within the jurisdiction of that State);
(C) the local revenue sharing amount is the amount deter-
mined under section 108 of the State and Local Fiscal Assist-
ance Act of 1972 for the one-year period beginning on July 1,
1975 (and in the case of local governments treated as one
local government under paragraph (3) (A), the local revenue
sharing amount shall be the sum of the local revenue sharing
amounts of all eligible local governments within the State,
adjusted by excluding an amount equal to the sum of the
local revenue sharing amounts of identifiable local govern-
ments within the jurisdiction of that State);
(D) the term "identifiable local government" means a unit
of general local government for which the Secretary of Labor
has made a determination concerning the rate of unemploy-
ment for purposes of title II or title VI of the Comprehensive
Employment and Training Act of 1973 during the current or
preceding fiscal year; and
(E) the term "local government" means the government
of a county, municipality, township, or other unit of govern-
ment below the State which-
(i) is a unit of general government (determined on
the basis of the same principles as are used by the Social
and Economic Statistics Administration for general
statistical purposes), and
(ii) performs substantial governmental functions.
Such term includes the District of Columbia and also


31 USC 1227.









29 USC 841,
961.


90 STAT. 1005


July 22, 1976







Pub. Law94-369 8 -


29 USC 961.


includes the recognized governing body of an Indian
tribe of Alaskan Native village which performs substan-
tial governmental functions. Such term does not include
the government of a township area unless such govern-
ment performs substantial governmental functions.
For the purpose of paragraph (4) (D), the Secretary of Labor
shall, notwithstanding any other provision of law, continue
to make determinations with respect to the rate of unem-
ployment for the purposes of such title VI.
(5) SPECIAL LIMITATION.-If the amount which would be allo-
cated to any unit of local government under this subsection is
less than $100, then no amount shall be allocated for such unit of
local government under this subsection.


USES OF PAYMENTS


42 USC 6724.


SEC. 204. Each State and local government shall use payments made
under this title for the maintenance of basic services customarily pro-
vided to persons in that State or in the area under the jurisdiction of
that local government, as the case may be. State and local governments
may not use emergency support grants made under this title for the
acquisition of supplies and materials and for construction unless such
supplies and materials or construction are to maintain basic services.


STATEMENT OF ASSURANCES


42 USC 6725.

Rules.





















Report,
publication,


SEC. 205. Each State and unit of local government may receive pay-
ments under this title only upon filing with the Secretary, at such
time and in such manner as the Secretary prescribes by rule, a state-
ment of assurances. Such rules shall be prescribed by the Secretary
not later than ninety days after the effective date of this title. The
Secretary may not require any State or local government to file more
than one such statement during each fiscal year. Each such statement
shall contain-
(1) an assurance that payments made under this title to the
State or local government will be used for the maintenance, to the
extent practical, of levels of public employment and of basic serv-
ices customarily provided to persons in that State or in the area
under the jurisdiction of that unit of local government which is
consistent with the provisions of section 204;
(2) an assurance that the State or unit of local government
will-
(A) use fiscal, accounting, and audit procedures which
conform to guidelines established therefore by the Secretary
(after consultation with the Comptroller General of the
United States), and
(B) provide to the Secretary (and to the Comptroller Gen-
eral of the United States), on reasonable notice, access to,
and the right to examine, such books, documents, papers, or
records as the Secretary may reasonably require for purposes
of reviewing compliance with this title;
(3) an assurance that reasonable reports will be furnished to
the Secretary in such form and containing such information as
the Secretary may reasonably require to carry out the purposes
of this title and that such report shall be published in a news-
paper of general circulation in the jurisdiction of such govern-
ment unless the cost of such publication is excessive in relation
to the amount of the payments received by such government under


90 STAT. 1006


July 22, 1976







- 9 Pub. Law 94-369


this title or other means of publicizing such report is more appro-
priate, in which case such report shall be publicized pursuant to
rules prescribed by the Secretary;
(4) an assurance that the requirements of section 207 will be
complied with;
(5) an assurance that the requirements of section 208 will be
complied with;
(6) an assurance that the requirements of section 209 will be
complied with;
(7) an assurance that the State or unit of local government will
spend any payment it receives under this title before the end of
the six-calendar-month period which begins on the day after the
date on which such State or local government receives such pay-
ment; and
(8) an assurance that the State or unit of local government will
spend amounts received under this title only in accordance with
the laws and procedures applicable to the expenditure of its own
revenues.
OPTIONAL ALLOCATION PLANS
SEC. 206. (a) STATE ALLOCATION PLANS FOR PURPOSES OF SECTION
203 (c) (3).--A State may file an allocation plan with the Secretary for
purposes of section 203(c) (3) (C) (ii) at such time, in such manner,
and containing such information as the Secretary may require by
rule. Such rules shall be provided by the Secretary not later than sixty
days of the effective date of this title. Such allocation plan shall meet
the following requirements:
(1) the criteria for allocation of amounts among the local gov-
ernments within the State shall be consistent with the allocation
formula for local governments under section 203(c) (2);
(2) the plan shall use-
(A) the best available unemployment rate data for such
government if such data is determined in a manner which
is substantially consistent with the manner in which local
unemployment rate data is determined, or
(B) if no consistent unemployment rate data is available,
the local unemployment rate data for the smallest unit of
identifiable local government in the jurisdiction of which
such government is located,
(3) the allocation criteria must be specified in the plan, and
(4) the plan must be developed after consultation with appro-
priate officials of local governments within the State other than
identifiable local governments.
(b) APPROVAL.-The Secretary shall approve any allocation plan
that meets the requirements of subsection (a) within thirty days after
he receives such allocation plan, and shall not finally disapprove, in
whole or in part, any allocation plan for payments under this title
without first affording the State or local governments involved reason-
able notice and an opportunity for a hearing.


42 USC 6726.


Rules.


NONDISCRI MI NATION


SEC. 207. (a) IN GENERAL.-NO person in the United States shall,
on the grounds of race, religion, color, national origin, or sex, be
excluded from participation in, be denied the benefits of, or be sub-
jected to discrimination under any program or activity funded in
whole or in part with funds made available under this title.


42 USC 6727.


90 STAT. 1007


July 22, 1976







Pub. Law 94-369 10 -


42 USC 2000d.


(b) AUTHORITY OF THE SEcRimTARY.-Whenever the Secretary deter-
mines that a State government or unit of local government has failed
to comply with subsection (a) or an applicable regulation, he shall,
within ten days, notify the Governor of the State (or, in the case of
a unit of local government the Governor of the State in which such
unit is located, and the chief elected official of the unit) of the non-
compliance. If within thirty days of the notification compliance is not
achieved, the Secretary shall within ten days thereafter-
(1) exercise all the powers and functions provided by title VI
of the Civil Rights Act of 1964 (42 U.S.C. 2000e);
(2) refer the matter to the Attorney General with a recom-
mendation that an appropriate civil action be instituted;
(3) take such other action as may be provided by law.
(c) ENFORCEMENT.-Upon his determination of discrimination
under subsection (b), the Secretary shall have the full authority to
withhold or temporarily suspend any payment under this title, or
otherwise exercise any authority contained in title VI of the'Civil
Rights Act of 1964, to assure compliance with the requirement of
nondiscrimination in federally assisted programs funded, in whole
or in part, under this title.
(d) APPLICABILITY OF CERTAIN CIVIL RIGHTS Acn'.-
(1) Any party who is injured or deprived within the meaning
of section 1979 of the Revised Statutes (42 U.S.C. 1983) or of
section 1980 of the Revised Statutes (42 U.S.C. 1985) by any per-
son, or two or more persons in the case of such section 1980, in
connection with the administration of a payment under this title
may bring a civil action under such section 1979 or 1980, as appli-
cable, subject to the terms and conditions of those sections.
(2) Any person who is aggrieved by an unlawful employment
practice within the meaning of title VII of the Civil Rights Act
of 1964 (42 U.S.C. 2000e et seq.) by any employer in connection
with the administration of a payment under this title may bring
a civil action under section 706(f) (1) of such Act (42 U.S.C.
2000e-5(f) (1)) subject to the terms and conditions of such title.


LABOR STANDARDS


42 USC 6728.





5 USC app. IL



42 USC 6729.


SEC. 208. All laborers and mechanics employed by contractors on all
construction projects funded in whole or min part by payments under
this title shall be paid wages at rates not less than those prevailing on
similar projects in the locality as determined by the Secretary of
Labor in accordance with the Davis-Bacon Act (40 U.S.C. 276a to
276a-5). The Secretary of Labor shall have, with respect to the labor
standards specified in this section, the authority and functions set
forth in Reorganization Plan Numbered 14 of 1950 (15 C.F.R. 3176)
and section 2 of the Act of June 13, 1934, as amended (40 U.S.C.
276c).
SPECIAL REPORTS
SEC. 209. Each State and unit of local government which receives a
payment under the provisions of this title shall report to the Secretary
any increase or decrease in any tax which it imposes and any sub-
stantial reduction in the number of individuals it employs or in serv-
ices which such State or local government provides. Each State which
receives a payment under the provisions of this title shall report to
the Secretary any decrease in the amount of financial assistance which
the State provides to the units of local governments during the twelve-


90 STAT. 1008


July 22. 1976







- 11 Pub. Law 94-369


month period which ends on the last day of the calendar quarter imme-
diately preceding the date of enactment of this title, together with an
explanation of the reasons for such decrease. Such reports shall be
made as soon as it is practical and, in any case, not more than six
months after the date on which the decision to impose such tax increase
or decrease, such reductions in employment or services, or such
decrease in State financial assistance is made public.

PAYMENTS
SEC. 210. (a) IN GENERAL.-From the amount allocated for State
and local governments under section 203, the Secretary shall pay not
later than five days after the beginning of each quarter to each State
and to each local government which has filed a statement of assurances
under section 205, an amount equal to the amount allocated to such
State or local government under section 203.
(b) ADJUSTMENTS.-Payments under this title may be made with
necessary adjustments on account of overpayments or underpayments.
(c) TERMINATION.-No amount shall be paid to any State or local
government under the provisions of this section for any calendar
quarter if-
(1) the average rate of unemployment within the jurisdiction
of such State or local government during the most recent calendar
quarter which ended three months before the beginning of such
calendar quarter was less than 4.5 percent, and
(2) the rate of unemployment within the jurisdiction of such
government for the last month of the most recent calendar quarter
which ended three months before the beginning of such calendar
quarter did not exceed 4.5 percent.


42 USC 6730.


STATE AND LOCAL GOVERNMENT ECONOMIZATION


SEC. 211. Each State or unit of local government which receives
payments under this title shall provide assurances in writing to the
secretary, at such time and in such manner and form as the Secretary
may prescribe by rule, that it has made substantial economies in its
operations and that payments under this title are necessary to main-
tain essential services without weakening Federal Government
efforts to stimulate the economy through reductions in Federal tax
obligations.
WITHHOLDING
SEC. 212. Whenever the Secretary, after affording reasonable notice
and an opportunity for a hearing to any State or unit of local govern-
ment, finds that there has been a failure to comply substantially with
any assurance set forth in the statement of assurances of that State
or units of local government filed under section 205, the Secretary
shall notify that State or unit of local government that further pay-
ments will not be made under this title until he is satisfied that there
is no longer any such failure to comply. Until he is so satisfied, no
further payments shall be made under this title.


42 USC 6731.








Hearing.
42 USC 6732.


REPORTS


SEC. 213. The Secretary shall report to the Congress as soon as is
practical after the end of each calendar quarter during which pay-
ments are made under the provisions of this title. Such report shall
include information on the amounts paid to each State and units of


42 USC 6733.


90 STAT. 1009


July 22, 1976







Pub. Law 94-369


42 USC 6734.


local government and a description of any action which the Secretary
has taken under the provisions of section 212 during the previous
calendar quarter. The Secretary shall report to Congress as soon as is
practical after the end of each calendar year during which payments
are made under the provisions of this title. Such reports shall include
detailed information on the amounts paid to State and units of local
government under the provisions of this title, any actions with which
the Secretary has taken under the provisions of section 212. and an
evaluation of the purposes to which amounts paid under this title
were put by State and units of local government and economic impact
of such expenditures during the previous calendar year.
ADMIN ISTRATION
SEC. 214. (a) Ruuns.-The Secretary is authorized to prescribe, after
consultation with the Secretary of Labor, such rules as may be neces-
sary for the purpose of carrying out his functions under this title.
Such rules should be prescribed by the Secretary not later than ninety
days of the effective date of this title.
(b) AUTHORIZATION OF APPoPRIATIONS.-There are authorized to
be appropriated such sums as may be necessary for the administration
of this title.


PROGRAM STUDIES AND RECOMMENDATIONS


42 USC 6735.




Report to
Congress.
















Report to
Congress.


SEC. 215. (a) EVALUATION.-The Comptroller General of the United
States shall conduct an investigation of the impact which emergency
support grants have on the operations of State and local governments
and on the national economy. Before and during the course of such
investigation the Comptroller General shall consult with and coordi-
nate his activities with the Congressional Budget Office and the Advi-
sory Commission on Intergovernmental Relations. The Comptroller
General shall report the results of such investigation to the Congress
within one year after the date of enactment of this title together with
an evaluation of the macroeconomic effect of the program established
under this title and any recommendations for improving the effective-
ness of similar programs. All officers and employees of the United
States shall make available all information, reports data, and any
other material necessary to carry out the provisions of this subsection
to the Comptroller General upon a reasonable request.
(b) COUNTERCYCLCAL STUDY.-The Congressional Budget Office
and the Advisory Commission on Intergovernmental Relations shall
conduct a study to determine the most effective means by which the
Federal Government can stabilize the national economy during periods
of rapid economic growth and high inflation through programs
directed toward State and local governments. Such study shall include
a comparison of the effectiveness of alternative factors for triggering
and measuring the extent of the fiscal coordination problem addressed
by this program, and the effect of the recession on State and local
expenditures. Before and during the course of such study, the Con-
gressional Budget Office and the Advisory Commission shall consult
with and coordinate their activities with the Comptroller General of
the United States. The Congressional Budget Office and the Advisory
Commission shall report the results of such study to Congress within
two years after the date of enactment of this title. Such study shall
include the opinions of the Comptroller General with respect to such
study.


90 STAT. 1010


- 12 -


July 22, 1976







Pub. Law 94-369


TITLE III-FEDERAL WATER POLLUTION
CONTROL ACT AMENDMENTS


SEc. 301. There is authorized to be appropriated to carry out title II
of the Federal Water Pollution Control Act, other than sections 206,
208, and 209, for the fiscal year ending September 30, 1977, not to
exceed $700,000,000 which sum (subject to such amounts as are pro-
vided in appropriation Acts) shall be allotted to each State listed in
column 1 of table IV contained in House Public Works and Trans-
portation Committee Print numbered 94-25 in accordance with the
percentages provided for such State (if any) in column 5 of such
table. The sum authorized by this section shall be in addition to, and
not in lieu of, any funds otherwise authorized to carry out such title
during such fiscal year. Any sums allotted to a State under this section
shall be available until expended.

CARL ALBERT
Speaker of the House of Representatives.

JOHN CULVER
Acting President of the Senate pro tempore.

IN THE SENATE OF THE UNITED STATES,
July 21, 1976.

The Senate having proceeded to reconsider the bill (S. 3201) entitled "An
Act to authorize a local public works capital development and investment pro-
gram, to establish an antirecessionary program, and for other purposes", re-
turned by the President of the United States with his objections, to the Senate,
in which it originated, it was
Resolved, That the said bill pass, two-thirds of the Senators present having
voted in the affirmative.
Attest:
FRANCIS R. VALEO
Secretary.

I certify that this Act originated in the Senate.

FRANCIS R. VALEO
Secretary.

IN THE HOUSE OF REPRESENTATIVES, U.S.,
July 22, 1976.

The House of Representatives having proceeded to reconsider the bill
(S. 3201) entitled "An Act to authorize a local public works capital develop-
ment and investment program, to establish an antirecessionary program, and for
other purposes", returned by the President of the United States with his objec-
tions, to the Senate, in which it originated, and passed by the Senate on re-
consideration of the same, it was


Appropriation
authorization.
33 .SC 1287
note.
33 USC 1281.


90 STAT. 1011


July 22, 1976


- 13 -








Pub. Law 94- 369


Resolved, That the said bill pass, two-thirds of the House of Representatives
agreeing to pass the same.
Attest:


EDMUND L. HENSHAW,


JR.
Clerk.


LEGISLATIVE HISTORY:


HOUSE REPORTS: No. 94-1077 accompanying H.R. 12972 (Comm. on Public
Works and Transportation) and No. 94-1260 (Comm. of
Conference)
SENATE REPORTS: No. 94-710 (Comm. on Public Works) and No. 94-939
(Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 122 (1976):
Apr. 12, 13, considered and passed Senate.
May 13, consIddered and passed House, amended, in lieu of H. R. 12972.
June 16, Senate agreed to conference report.
June 23, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 28:
July 6, vetoed; Presidential message.
CONGRESSIONAL RECORD, Vol. 122 (1976):
July 21, Senate overrode veto.
July 22, House overrode veto.


90 STAT. 1012


- 14-


July 22, 1976















FACT SHEET


PUBLIC WORKS EMPLOYMENT ACT OF 1976
(S 3201 became PL 94-369 notwithstanding the
objections of the President on July 22, 1976)


Title I-- Local Public Works Capital Development and Investment Act of 1976

The title authorizes $2 billion through September 30, 1977
for grants by the Secretary of Commerce to State and local
governments for local public works projects.

Types of Grants to State and Local Governments

(1) Grants are authorized providing 100% funding for con-
struction, renovation, repair or other improvement of
public'works projects including those authorized by
Federal law.

Grants may be made to complete plans where architec-
tural design or preliminary engineering or related
planning is completed but where additional planning is
required to permit construction.

(2) Supplemental grants are authorized to increase Federal
contribution to 100% on projects authorized by Federal
law where Federal share is immediately available and
project not yet started.

(3) Grants are authorized to cover State or local share of
public works projects authorized by State or local laws.

Eligible Applicants

Any State or local government is eligible to apply. This
includes all the States and possessions. Local government
includes any city, county, town, parish, Indian tribe, and
any other political subdivision. This includes special dis-
tricts such as school districts and regional authorities
formed by local governments established or authorized by
State law.


(15)








16



Filing Applications

(1) Administering Agency-- Economic Development
Administration of the U.S. Department of Commerce.
The program will be administered through the six
Regional Offices and only the Regional Directors
will be authorized to accept applications. The
Economic Development Representative (EDR) in
each State will be available to consult and assist
in the preparation of applications. Applications
must be submitted on forms that will be developed
by the agency within 30 days. Applications will
not be accepted until funds are appropriated and
available to the agency.

(2) Time Factors -- The rules, regulations and appli-
cation forms will be prepared by E.D.A. within
30 days of enactment (Monday, August 23). If an
application is not approved or disapproved within
60 days after receipt, it is deemed to be approved
by the Secretary. On all projects, assurances
must be given to the Secretary by the applicant
that on-site labor can begin within 90 days of
project approval.

It is estimated that an appropriations bill will be
reported out of Committee by the House by August 10,
and that funds should be available to executive agencies
by the end of August or early September.

(3) Kinds of Projects -- It is expected that at time the
application is submitted that plans and specifications
for project are completed and preliminary clearances
made and the project is ready for bid. Projects
include municipal offices, courthouses, libraries,
water and sewer lines, streets and roads, sidewalks,
detention facilities, recreational facilities, conven-
tion centers, civic centers, museums, water and
sev.age treatment plants, schools, police and fire
stations, and health facilities.

(4) Priority of Applications -- At least 1/2 of 1 percent
but not more than 12-1/2 percent of the funds appro-
priated will be granted within any one State.








17



Priority is to be given applications of local govern-
ments, When the national unemployment rate is
6-1/2 percent or more, 70 percent of the funds
appropriated are to go for projects of State and
local governments that have an unemployment
rate in excess of the national rate and the remain-
ing 30 percent of funds appropriated are to go for
projects of State and local governments that have
an unemployment rate in excess of 6-1/2 percent
but less than the national rate.

(5) Project Conditions or Limitations -- Grants are not
permitted to acquire any interest in real property.
Funds cannot be used for maintenance costs nor can
they be approved for any project that will affect
natural watercourses.

Title 3II -- Antirecession Provisions

This title authorizes the Secretary of the Treasury to make
payments to State and local governments having high unem-
ployment to coordinate local budget-related actions with
efforts of Federal Government to stimulate economic
recovery.

Purpose

Is to enable State and local governments to maintain its
basic governmental services customarily provided. It
is expected that funds be used to retain firemen, police-
men, teachers, sanitation workers and other State and
local employees performing services. Funds are not
to be used for construction.

How Program Is Triggered

Authorizes for each of 5 succeeding calendar quarters
beginning with the quarter which begins on July 1, 1976,
$125 million when the national unemployment rate
reaches 6% and an additional $62. 5 million for each
one-half of 1%0 over 6% for the most recent calendar
quarter. The total cost for the 5 calendar quarters
shall not exceed $1,250,000,000. No funds are
authorized when national unemployment rate is under
6% for the last calendar quarter and the last month of
that quarter is below 6%.








18



Allocation

Requires the Secretary of the Treasury to reserve
one-third of the funds appropriated for distribution
to State governments and two-thirds of the appro-
priated funds for distribution to local governments.

The allocation to each State government is to be made
according to a formula of each excess unemployment
rate times its revenue sharing amount divided by the
sum of such products for all the States. The State
excess unemployment percentage is defined as equal
to the subtraction of 4. 5 percentage points from the
State unemployment rate of the last calendar quarter.

What Is Needed to Qualify

Must have an unemployment rate of at least 4-1/2%.
Each recipient must file with the Secretary a state-
ment of assurances in accordance with the rules that
must be prescribed by the Secretary within 90 days
of enactment.

Assistance is intended to stabilize budgets of only
general purpose governments.

Payments come directly to State and local governments
except for those local governments for which the Labor
Department does not have unemployment data (50, 000
population or less); funds for these localities are set
aside to each State to be distributed according to an
allocation plan submitted by the State. When a local
government is not entitled to an analyzed payment of
at least $100, then no amount will be given.

Title III -- Federal Water Pollution Control Act Amendments

This title authorizes additional funding of $700 million
for grants to States for the construction of publicly
owned wastewater treatment works. These funds
would be available October 1, 1976.











SECTION-BY-SECTION OF S 3201
AS AGREED TO IN CONFERENCE 6/9/76
PUBLIC WORKS EMPLOYMENT ACT OF 1976


Sec. 101


Sec. 102







Sec. 103









Sec. 104






Sec. 105








Sec. 106


Cites the title as the "Local Public Works Capital Development and
Investment Act of 1976. "

Defines "Secretary" to mean the Secretary of Commerce acting
through the Economic Development Administration; defines "State"
to include the several states, District of Columbia, Commonwealth
of Puerto Rico, the Virgin Islands, Guam and American Samoa; and
defines "local government" to mean any city, county, town, parish
or other political subdivision of a State and any Indian tribe.

Authorizes the Secretary of Commerce to make 100% grants to States
and local governments for the construction, renovation, repair or
other improvement of public works projects. This includes grants
for projects for which Federal financial assistance is authorized by
other acts. Grants may be made for the completion of plans, speci-
fications, and estimates where either architectural design or
preliminary engineering or related planning has already been under-
taken and where additional work is required to permit construction.

Authorizes the Secretary to make grants for the purpose of increasing
the Federal contribution to 100% of project cost on any Federally
assisted public works project authorized by any other Federal law
where the Federal financial assistance under such law is immediately
available and construction has not been started.

Authorizes the Secretary to make grants for all or any portion of the
State or local share of cost of any public works project authorized
by any State or local law. However, no grant may provide both the
State and local share. The matching share, other than the share
with respect to which a grant is requested, must be immediately
available for the project and construction of the project not yet
started.

Prohibits the use of funds on projects that will affect natural water-
courses, the acquisition of any interest in real property, and the use
of funds for maintenance costs. On all projects, assurances must be
given to the Secretary that on-site labor can begin within 90 days of
project approval.


(19)









20


Sec. 107














Sec. 108


Requires the Secretary to prescribe rules and regulations within
30 days of enactment. In doing so, he must consider, among other
factors: (1) the severity and duration of unemployment in the project
areas, (2) the extent of underemployment in the project area, and
(3) the extent to which the project will contribute to the reduction of
unemployment. In considering the extent of unemployment and
underemployment under this section, the Secretary must consider
the amount of unemployment and underemployment in the construction-
related industries. A final determination of each project application
must be made within 60 days of receiving it. Failure to make such
determination within this period will be deemed to be an approval
by the Secretary.

Assures that at least 1/2 of 1 percent but not more than 12-1/2 percent
of funds appropriated will be granted within any one State. Guam,
the Virgin Islands and American Samoa together will not receive
less than 1/2 of 1 percent.

Priority is to be given applications of local governments.

If the national unemployment rate is 6-1/2 percent or more, the
Secretary must give priority to applications from State or local
governments whose unemployment rate is in excess of the national
rate and must thereafter give priority to applications from State
or local governments in excess of 6-1/2 percent but less than the
national unemployment rate.

Statistics establishing the unemployment rate of an area may be
furnished by the Federal Government, States, or local governments
as long as the Secretary determines that they are accurate.

70 percent of the funds appropriated must be used for projects sub-
mitted by State and local governments having unemployment rates
in excess of the national rate and the remaining 30 percent of the
funds must be used on projects in other classifications of priority.

Upon request of an applicant, the unemployment rate of a local
government will be based on the unemployment rate of any com-
munity or neighborhood within its jurisdiction for projects which
will directly benefit or provide employment for the residents of
that community or neighborhood.

When requested by an applicant, the Secretary, in determining the
unemployment rate of a local government, must consider the
unemployment in adjoining areas from which the labor force for a
project may be drawn. Applicants should relate their projects tb
local and regional development plans and where possible, submit
projects that would implement long-range plans.








21



Sec. 109 Makes the Davis-Bacon Act applicable to all grants for projects
under this act.

Sec. 110 Prohibits any discrimination because of sex on any projects under
this act.

Sec. 111 Authorizes $2 billion to carry out this title for the period ending
September 30, 1977.

Sec. 201 Findings of Fact and Declaration of Policy.

Sets out findings that State and local governments represent a
significant segment of the national economy and because of their
own fiscal difficulties are forced to take actions that undercut
Federal efforts to stimulate the economy.

Sec. 202 Financial Assistance Authorized.

(a) authorizes the Secretary of the Treasury to make payments to
State and local governments to coordinate local budget-related
actions with efforts of Federal Government to stimulate economic
recovery.

(b) authorizes for each of 5 succeeding calendar quarters beginning
with the quarter which begins on July 1, 1976, $125 million when
the national unemployment rate reaches 6% and an additional
$62.5 million for each one-half of 1%0 over-6%7 for the most recent
calendar quarter.

(c) the total cost for the 5 calendar quarters shall not exceed
$1,250, 000, 000.

(d) No funds are authorized when national unemployment rate is
under 6% for the last calendar quarter and the last month of that
quarter is below 6%.

Sec. 203 Allocation

(a) Requires the Secretary of the Treasury to reserve one-third of
the funds appropriated for distribution to State governments and
two-thirds of the appropriated funds for distribution to local
governments.

(b) The allocation to each State government is to be made according
to a formula of each excess unemployment rate times its revenue
sharing amount divided by the sum of such products for all the
States. The State excess unemployment percentage is defined as









22



equal to the subtraction of 4. 5 percentage points from the State
unemployment rate of the last calendar quarter.

The State revenue sharing amount is the amount determined
under section 107 of the State and Local Fiscal Assistance Act
of 1972 for the one-year period beginning on July 1, 1975.

(c) Allocations to local governments are made according to the
same formula, i. e. excess unemployment rate times local
revenue sharing amount divided by the sum of products for all
local co'. %crnments. The excess unemployment rate for local
governments is defined as its unemployment rate minus 4. 5n.

Assistance is intended to stabilize budgets of only general
purpose governments.

Unemployment statistics available in the Labor Department on
local governments should be used in the allocation under the
formula. For those local governments for which the Labor
Department does not have unemployment data, funds are set
aside to each State to be distributed according to an allocation
plan submitted by the State. If the State does not submit a plan
or it is rejected by the Secretary, then the Secretary must
prepare a plan. "Local government" is defined as any county,
municipality, tu'.'.nship, or other unit of government below the
State, which is a unit of general government and performs
substantial governmental functions. When a local government
is not entitled to an analyzed payment of at least $100, then
no amount will be given.

Sec. 204 Uses of Payments

Grants should be used for the maintenance of basic services
customarily provided. Grants may not be used for supplies,
materials, or construction unless essential to maintain basic
services.

Sec. 205 Statement of Assurances

Each recipient must file with the Secretary a statement of
assurances in accordance with the rules that must be prescribed
by the Secretary within 90 days of enactment.

Each statement must contain the following assurances: that funds
will be used for miraintaining its usual level of employment and








23



services, accounting and audit procedures will conform to guide-
lines, there will be access to these records for examination by the
Secretary, consent to furnish reports as may be required, com-
pliance with nondiscrimination requirements, wage and labor
requirements, will report tax changes and any change in the level
of services, and will agree to expend all funds received within
6 months of the time it is received.

Sec. 206 (a) State plans for allocating funds to other local governments must
be consistent with the allocation formula for local governments,
make use of the best available unemployment data, specify the
allocation criteria in the plan, and the plan must be developed
after consultation with appropriate officials of local government.

(b) Allocation plans must be approved by the Secretary within
30 days of receipt and an opportunity for a hearing must be
afforded to the State or local government before it can be
disapproved in whole or in part.

Sec. 207 Nondiscrimination

(a) Prohibits any discriminatory activity with funds.

(b) When the Secretary determines there has been noncompliance
with the above provision, he must notify the Governor of the State
within 10 days of the noncompliance. If there is noncompliance
on the part of local government, the Governor and local chief
official must be notified. If compliance has not been achieved
within 30 days of the notification, Secretary must take further
action to enforce nondiscrimination.

(c) Authorizes the Secretary on his finding of discrimination, to
withhold or suspend any grants.

(d) Includes existing civil rights protections and enforcement
proceedings available to individuals discriminated against.

Sec. 208 Labor Standards

Makes use of funds for construction subject to the provisions of
the Davis-Bacon Act.

Sec. 209 Special Reports

Any recipient must report to the Secretary within six months any
increase or decrease in any tax which it imposes, substantial
reductions in improvement levels, or in services which the
jurisdiction provides.









24



Sec. 210 Payments

Secretary to make payments not later than 5 days after beginning
of each quarter and may make necessary adjustments because of
overpayments or underpayments. No payments may be made,
however, to any recipient whose unemployment rate during the
calendar quarter for which payment is made and the last month
of that quarter, is less than 4. 5% .

Sec. 211 State and Local Government Economization

Each recipient must certify that it has taken steps to economize
and that without this assistance it would not be able to maintain
essential service levels without weakening the Federal Government
efforts to stimulate the economy through reductions in Federal tax
obligations.

Sec. 212 Withholding

Authorizes the Secretary to withhold funds when there is failure
to comply with any assurance in the statement of assurances.

Sec. 213 Reports

Secretary is required to report to the Congress as soon as practical
after the end of each calendar quarter on amounts paid to States
and local governments and to submit an annual report evaluating
the use and economic impact of the funds.

Sec. 214 Administration

Requires the Secretary, after consultation with the Secretary of
Labor to prescribe rules within 90 days of enactment. There is
authorized to be appropriated such sums as necessary for the
administration of this title.

Sec. 215 Program Studies and Recommendations

(a) Requires the Comptroller General in coordination with the
Congressional Budget Office and the Advisory Commission on
Intergovernmental Relations (ACIR) to report to Congress within
one year on the impact of the program, on operations of State
and local governments and on the national economy and to include
any recommendations for improving the effectiveness of similar
programs.








25


(b) Requires the Congressional Budget Office and ACIR to deter-
mine the most effective means the government can use to stabilize
the national economy during periods of rapid growth and high
inflation through programs directed toward State and local govern-
ments. The study should be coordinated with the Comptroller
General and a report made to the Congress within 2 years from
enactment.

An appropriation of $700, 000, 000 for the fiscal year ending
September 30, 1977, is authorized for grants for the construction
of publicly owned wastewater treatment works, pursuant to Title II
of the Federal Water Pollution Control Act. This authorization is
subject to such amounts as are provided in appropriation acts.
The authorized sums shall be allotted to the eligible States in
accordance with the percentages provided in column 5 of Table IV
contained in House Public Works and Transportation Committee
Print 94-25. This table sets forth the percentages for each State
to be used by the Administrator of the Environmental Protection
Agency in allotting funds pursuant to this section. Funds allotted
to this section shall remain available until expended.


Sec. 301










S27


Proposed allotment of $700 million for water pollution abatement under title III of
8. 83201


Alabama -------------------------------
Alaska -----------------------------
Arizona---------------------------------
Arkansas-------------------------------------------------------
Colorado-------------------- ------------------------
Florida-----------------------------
Georgia-------------------------------------------
Hawaii--------------------- ----------- ------------
Idaho---------------------------------
Iowa--------------------------------
Kansas ------------------------------------------------
Kentucky----------------------------------------------------
Louisiana -----------------------------
Maryland -----------------------------------------------
Mississippi -----------------------------------------------
Missouri -----------------------------
Montana ---------------------------------------------
Nebraska--. --------------------------------------------
Nevada -------------------------------------------------
New Mexico----------------------- --------------
North Carolina-----------------------------------------------
North Dakota--------------------------
Oklahoma ------------------------------------------------------
Oregon--------------------------------------------------------
South Carolina-------------------------------------------------
South Dakota ---------- ---- ---------
Tennessee----------------------------------------------------
Texas---- --------------------------------------
Utah-- ---------- ------------
Washington.---------- ---------------------- ---------
West Virginia ---------------------
Wisconsin--- ------------------------
Wyoming ------------------- -----
American Samoa------------------------------------------
Guam ---------------------------------------
Puerto Rico----------------------------
Trust Territory of the Pacific Islands--------------------------
0


(In
thousands)
$34, 300
6, 370
32, 830
.26, 180
21, 280
20, 790
39, 900
4, 200
7,420
2, 590
20, 300
18, 900
24, 570
10, 570
18, 550
10,290
4,410
5, 390
910
7,910
46, 550
7,420
25, 480
1,960
20, 440
6, 230
21, 070
129, 220
13, 020
17, 430
49, 980
18,550
6,370
1,120
2,100
8,540
6, 860




UNIVERSITY OF FLORIDA


1111 3 1ii21ii 0lli9iIIm i n1ill 11 11113111
3 1262 09114 3213


p.


I
&
I *I
'.1


>' w