Page:United States Statutes at Large Volume 85.djvu/181

 85 STAT. ]

PUBLIC LAW 92-54-JULY 12, 1971

requirements and practices relating thereto, in accordance with regulations promulgated by the Secretary; (16) assurances that the applicant will, where appropriate, maintain or provide linkages with upgrading and other manpower programs for the purpose of (A) providing those persons employed in public service jobs under this x\ct who want to pursue work with the employer, in the same or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (B) providing those persons so employed, who do not wish to pursue permanent careers in such field, with opportunities to seek, prepare for, and obtain work in other fields; (17) assurances that all persons employed under any such program, other than necessary technical, supervisory, and administrative personnel, will be selected from among unemployed and underemployed persons; (18) assurances that the program will, to the maximum extent feasible, contribute to the elimination of artificial barriers to employment and occupational advancement, including civil service requirements which restrict employment opportunities for the disadvantaged; (19) assurances that not more than one-third of the participants in the program will be employed in a bona fide professional capacity (as such term is used in section 13(a)(1) of the Fair Labor Standards Act of 1938), except that this paragraph shall go^stf 1^8*37!' not be applicable in the case of participants employed as class- 29 USC 213. room teachers, and the Secretary may waive this limitation in exceptional circumstances; and (20) such other assurances, arrangements, and conditions, consistent with the provisions of this Act, as the Secretary deems necessary, in accordance with such regulations as he shall prescribe. APPROVAL OF

APPLICATIONS

SEC. 8. An application, or modification or amendment thereof, for financial assistance under this Act may be approved only if the Secretary determines that— (1) the application meets the requirements set forth in this Act; (2) the approvable request for funds does not exceed 90 per centum of the cost of carrying out the program proposed in such application, unless the Secretary determines that special circumstances or other provisions of law warrant the waiver of this requirement; (3) an opportunity has been provided to officials of the appropriate units of general local government to submit comments with respect to the application to the applicant and to the Secretary; and (4) an opportunity has been provided to the Governor of the State to submit comments with respect to the application to the applicant and to the Secretary. Kon-Federal contributions may he in cash or in kind, fairly evaluated, including but not limited to plant, equipment, or services. ALLOCATION O F

FUNDS

SEC. 9. (a) The amounts appropriated under section 5 of this Act for any fiscal year shall be allocated by the Secretary in such a manner that of such amounts—

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