Page:United States Statutes at Large Volume 92 Part 2.djvu/709

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-524—OCT. 27, 1978 "(d) No payment for a social bonus may be made under this section unless— "(1) youth employed under this program are paid no less than the higher of the prevailing rate of pay for the occupation and job classification of individuals employed by the same employer, or the minimum wage under section 6(a)(1) of the Fair Labor Standards Act of 1938 or the applicable State or local minimum wage; and "(2)(A) the conditions of this Act are followed including sections 121(g)(1)(B) (relating to maintenance of effort^, 121(f)(1) (relating to meaningful training and employment), and 123(a) (relating to jobs in low wage industries); and "(B) the employment will not result in the filling of a job opening created by the action of the employer in laying off or terminating the employment of any regular employee in anticipation of filling the vacancy so created by hiring a youth employee in order to receive such social bonus. "(e) An employer who receives a social bonus under this section may not receive, apply for, or accept any financial advantage from the Federal Government for such employment other than as specified in this Act. "(f)(1) The Secretary, in consultation with the Secretary of the Treasury and other appropriate Federal officials, shall assure that activities carried out under this section are coordinated with any appropriate other activities under which employers are provided incentives or credits by the Federal Government for the employment of comparably unemployed individuals. "(2) Not later than 36 months after the date of enactment of this section the Secretary, in consultation with the Secretary of the Treasury and other appropriate Federal officials shall submit to the appropriate committees of the Congress a report on the results of activities carried out under this section in comparison to the results of such other activities. "Subpart 4—General Provisions

92 STAT. 1989 Requirements.

29 USC 206.

Ante, p. 1934. Ante, p. 1941.

Financial help, prohibition.

Consultation with Secretary of the Treasury.

Report to Congress.

a.DISTRIBUTION OF FUNDS

"SEC. 441. Of the sums available for carrying out the provisions 29 USC 916. of this part— " (1) 15 percent shall be available for subpart 1; " (2) 15 percent shall be available for subpart 2; and " (3) 70 percent shall be available for subpart 3. <WAGE (

PROVISIONS

"SEC. 442. Kates of pay under this part shall be no less than the 29 USC 917. higher of— "(1) the minimum wage under section 6(a)(1) of the Fair Labor Standards Act of 1938, but in the case of an individual who is 14 or 15 years old, the wage provided in accordance with the provisions of subsection (b) of section 14 of the Fair Labor Standards Act of 1938; 29 USC 214. "(2) the State or local minimum wage for the most nearly comparable employment, but in the case of an individual who is 14 or 15 years old the wage provided in accordance with the applicable provisions of the applicable State or local minimum wage law; or