42 U.S.C. § 6706: Implementing rules…

Summary

Within 30 days after July 22, 1976, the Secretary must issue the rules, forms, and procedures to carry out the chapter and make sure regions are treated fairly. They must consider unemployment severity and duration, local incomes and underemployment, and how much projects will reduce unemployment. With the Secretary of Labor and consistent with collective bargaining, they must give hiring preference to qualified disabled and Vietnam‑era veterans (38 U.S.C. 4211(1)–(2)). Grant decisions must be made within 60 days of receipt; no decision counts as approval. Include construction‑related unemployment in review.

Title 42, §6706

The Public Health and Welfare, Source: USLM XML via OLRC

The Secretary shall, not later than thirty days after July 22, 1976, prescribe those rules, regulations, and procedures (including application forms) necessary to carry out this chapter. 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 contribute to the reduction of unemployment. The Secretary, in consultation with the Secretary of Labor, and consistent with existing applicable collective bargaining agreements and practices, shall promulgate regulations to assure special consideration to the employment in projects under this chapter of qualified disabled veterans (as defined in section 4211(1) of title 38) and qualified Vietnam-era veterans (as defined in section 4211(2) of such title 38). The Secretary shall make a final determination with respect to each application for a grant submitted to him under this chapter not later than the sixtieth day after the date he receives such application. Failure to make such final determination 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 underemployment in the construction and construction-related industries.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Pub. L. 103–446, which directed substitution of “section 4211(2)” for “section 4211(2)(A)” and “section 4211(1)” for “section 2011(1)”, was executed by substituting “section 4211(2)” for “section 4211(2)(A)”. Previously, “section 4211(1)” was substituted for “section 2011(1)” by Pub. L. 103–83. See 1991 Amendment note below. 1991—Pub. L. 102–83 substituted references to section 4211 of title 38 for references to section 2011 of title 38 in two places. 1977—Pub. L. 95–28 inserted provision directing Secretary to promulgate

Regulations

to assure special consideration to employment in projects of qualified disabled veterans and qualified Vietnam-era veterans.

§6706 Implementing Rules, Regulations, and Procedures; Criteria; Employment of Disabled and Vietnam-era Veterans; Determination of Applications for Grants