Page:United States Statutes at Large Volume 92 Part 2.djvu/661

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-524—OCT. 27, 1978

92 STAT. 1941

which provide benefits based on age or service or both. Nothing in this subsection or in section 121(j) shall be deemed to require a contribution to a retirement system or plan for the purpose of providing retirement benefits based on age or service, or both, to a public service employee unless funds under this Act are available, pursuant to section 121 (j) to make such contribution. "(1) The Secretary, through State employment security agencies, shall inform unemployment compensation recipients and other applicants for assistance from the employment security agency of any available public service jobs for which they may be eligible. "(m) To the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public and private sectors, and to the extent compatible with such objectives, shall meet community needs including but not limited to community betterment activities (including rehabilitation of public properties, assistance in the weatherization of dwellings occupied by low income families, demonstration of energy conserving measures including solar energy techniques, removal of architectural barriers to access by handicapped persons to public facilities, and neighborhood revitalization), education, health care, transportation services, crime prevention and control, and environmental quality control. "(n) No individual shall be eligible to be employed in a public service employment position, if such individual has, within 6 months prior to the determination, voluntarily terminated, without good cause, his or her last previous full-time employment at a wage rate not less than the Federal minimum wage as prescribed under section 6(a)(1) of the Fair Labor Standards Act of 1938. 29 USC 206. "SPECIAL PROVISIONS

"SEC. 123. (a) No authority conferred by this Act shall be used to 29 USC 825. enter into arrangements for, or otherwise establish, any employment and training programs in the lower wage industries, except for those iobs (1) for which there exists a training program, approved by the Secretary, of a specified length of time desigfied to teach specific skills, ."nd (2) where the rate of labor turnover does not exceed substantially the rate of labor turnover in other industries in the same area. "(b) The Secretary shall provide for the sharing of the comprehensive employment and training plans between the prime sponsors and other recipients in the prime sponsor's area in order to assure maximum feasible coordination of activities and programs within the area and to minimize duplication. "(c)(1) Notwithstanding any other provisions of law, employment and training furnished under this Act in connection with weatherization projects may include work on projects for the near poor, including families having incomes which do not exceed 125 percent of the poverty level as determined in accordance with the criteria established by the Director of the Office of Management and Budget, and projects approved by the Community Service Administration pursuant to section 222(a)(5) of the Economic Opportunity Act of 1964 or the 42 USC 2809. Department of Energy pursuant to title IV of the Energy Conservation and Production Act of 1976. 42 USC 6851. "(2) Recipients of funds under this Act shall assure an adequate number of supervisory personnel for weatherization projects, who shall be adequately trained in skills needed to carry out the project and to instruct participants in skills needed to carry out a project.