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National Service – Volume 1 – 29 USC, Chapter 19, Job Training Partnership [binder] [1]
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National Service – Volume 1 – 29 USC, Chapter 19, Job Training Partnership [binder] [1]
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FOIA Number: 2013-0661-F (2)
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National Service - Volume 1 - 29 USC, Chapter 19, Job Training Partnership [binder] [1]
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29 Job Training
Ch
19
Divider Title:
THE CODE OF THE LAWS
OF THE
UNITED STATES OF AMERICA
TITLE 29
LABOR
Sections 1501 to End appear in this volume
Chapter
Section
1. Labor Statistics
1
2. Women's Bureau
11
2A. Children's Bureau [Transferred]
18
3. National Trade Unions [Repealed]
21
4. Vocational Rehabilitation of Persons Injured in Industry [Repealed or
Omitted]
31
4A. Employment Stabilization [Omitted or Repealed]
48
4B. Federal Employment Service
49
4C. Apprentice Labor
50
5. Labor Disputes; Mediation and Injunctive Relief
51
6. Jurisdiction of Courts in Matters Affecting Employer and Employee
101
7. Labor-Management Relations
141
8. Fair Labor Standards
201
9. Portal-to-Portal Pay
251
10. Disclosure of Welfare and Pension Plans [Repealed]
301
11. Labor-Management Reporting and Disclosure Procedure
401
12. Department of Labor
551
13. Exemplary Rehabilitation Certificates [Repealed]
601
14. Age Discrimination in Employment
621
15. Occupational Safety and Health
651
16. Vocational Rehabilitation and Other Rehabilitation Services
701
17. Comprehensive Employment and Training Programs [Repealed]
801
18. Employee Retirement Income Security Program
1001
19. Job Training Partnership
1501
20. Migrant and Seasonal Agricultural Worker Protection
1801
21. Helen Keller National Center for Deaf-Blind Youths and Adults
1901
1
TER 19-JOB TRAINING PARTNERSHIP
Ch. 19 JOB TRAINING PARTNERSHIP
Sec.
Sec.
1501. Congressional declaration of purpose.
1516. Performance standards-Cont'd
1502. Authorization of appropriations.
(b) Performance criteria for adult training programs, youth pro-
1503. Definitions.
grams; general standards; standards relating expenditure to
1504. Enforcement of Military Selective Service Act.
performance.
(c) Initial performance standards.
SUBCHAPTER I-JOB TRAINING AND EMPLOYMENT
(d) Later performance standards; report to Congress; variations for
ASSISTANCE SYSTEM
special populations and report.
PART A-SERVICE DELIVERY SYSTEM
(e) Parameters for variations prescribed by Governor.
1511. Establishment of service delivery areas.
(f) Review of standards by National Commission for Employment
(a) Proposals; proposed designations; requests.
Policy.
(b) Final designation by Governor.
(g) Performance standards.
(c) Redesignations.
(h) Failure to meet performance standards; alternate administrative
entities.
1512. Private industry councils.
1517. Selection of service providers.
(a) Establishment; membership.
(b) Chairman.
(a) Effectiveness in terms of plan primary consideration.
(c) Nomination and recommendation of individuals.
(b) No needless duplication of local facilities or services.
(d) Appointment of members.
(c) Opportunity for local educational agencies.
(e) Number of members.
(d) Skills training program to meet private industry council guide-
lines.
(f) Terms of office; removal for cause.
(g) Certification.
1518. Limitation on certain costs.
(h) Reconstitution of State job training coordinating councils.
(a) Limit on funds for administration; definition.
1513. Functions of private industry councils.
(b) Joint limitation on administrative and work experience expendi-
tures; definitions.
(a) Policy guidance and oversight.
(b) Development of job training plan; selection of grant recipient
(c) Exceptions: private industry council requests for special circum-
stances; inclusion in plan; not reviewable by Governor.
and administering entity.
(c) Appropriate chief elected official or officials.
(d) Limitations inapplicable.
(d) Submission of job training plan to Governor.
(e) No exemption from performance standards.
(e) Budget; staff; incorporation; contributions and grant funds.
PART B-ADDITIONAL STATE RESPONSIBILITIES
(f) "Oversight" defined.
1531. Governor's coordination and special services plan.
1514. Job training plan.
(a) Annual planning report; two-year coordination and special ser-
(a) Two-year program plan requirement.
vices plan financial assistance requirement.
(b) Contents of plan.
(b) Plan coordination with State and local services and resources;
(c) Modification of plan.
State goals and criteria; reports of modifications to Secretary.
1515. Review and approval of plan.
(c) Governor's coordination and special services activities.
(a) Times for publication of plan and modifications.
(d) Approval by Secretary.
(b) Governor's approval of plan: criteria, time, and petitions oppos-
1532. State job training coordinating council.
ing.
(a) Requirement; appointments; composition; meetings; support
(c) Redesignation of service delivery areas and private industry
personnel; limitations; approval by Governor; State Employ-
councils.
ment and Training and State Manpower Services Councils.
(d) Authority of Secretary in single plan States.
(b) Duties.
1516. Performance standards.
(c) Transferability of functions.
1533. State education coordination and grants.
(a) Congressional findings.
2
(a) Financial assistance to State education agency for services
through cooperative agreements.
3
Ch. 19 JOB TRAINING PARTNERSHIP
LABOR Ch. 19
Sec.
Sec.
1553. Labor standards-Cont'd
1533. State education coordination and grants-Cont'd
(b) Nondisplacement of local workers; existing collective bargaining
(b) Matching contributions for cooperative agreements.
agreements; nonavailability for layoff replacement; non-
(c) Required proportions of contribution use.
infringement of promotion opportunity.
(d) Alternative availability to Governor.
(c) Labor organizations.
1534. Training programs for older individuals.
(d) Applicability of Federal labor standards.
(a) Authorization to Governor.
1554. Grievance procedure.
(b) Consultations and agreements with Governor.
(a) Maintenance and timing.
(c) Growth industry and new technology skill programs.
(b) Requirement for recipient grievance procedure.
(d) Age and economic eligibility.
(c) Investigation by Secretary.
1535. State labor market information programs.
1555. Federal control of education prohibited.
(a) Oversight unit requirement; design of information and distribu-
tion system.
PART D-FEDERAL AND FISCAL ADMINISTRATIVE PROVISIONS
(b) Goals of system; nonduplication; public domain.
1571. Program year.
(c) Reimbursement and limitation.
(a) Basis for availability of appropriations.
(d) State consolidation of Federal administrative management infor-
(b) Expending of obligated funds.
mation reporting requirements.
(c) Transition to program year funding.
1536. Authority of State legislature.
1572. Prompt allocation of funds.
1537. Interstate agreements.
(a) Use of most recent data.
PART C-PROGRAM REQUIREMENTS FOR SERVICE DELIVERY SYSTEM
(b) Publication in Federal Register.
(c) Distribution after appropriation.
1551. General program requirements.
(d) Publication of allotment formula.
(a) Useful, needed, and equitable opportunity distribution.
(e) Distribution to grant recipient.
(b) No duplication of services.
1573. Monitoring.
(c) Establishment relocation limitation.
(d) Employment opportunity-directed training; competitive purchas-
(a) Compliance with law and regulations.
(b) Investigations.
es of training packages.
(c) Witnesses; books, papers, and documents.
(e) Area eligibility; limited exceptions.
(f) Council member conflict of interest.
1574. Fiscal controls; sanctions.
(g) Payments to employers: proportion and characterization.
(a) Establishment of State controls; independent audit and exemp-
(h) No needless duplication of governmental facilities or services.
tion; Federal audit standards.
(i) Responsibility of administrative entity for oversight.
(b) Noncompliance and Governor's approval revocation notice.
(j) Free training program placement requirement.
(c) Comptroller General's evaluation; report to Congress; Comp-
(k) Requirements for subsidized youth employment.
troller's access to records.
(1) Political activity exclusion.
(d) Recipient's liability for noncomplying expenditures.
(m) Use of program generated income to continue program.
(e) Conditions for recipient's liability; conditions for recipient's
(n) Notification of service delivery area activity.
liability for subgrantee noncompliance; Secretary's discretion.
(o) State and local education standards applicable.
(f) Emergency situations and immediate termination.
(p) Public service employment exclusion.
(g) Secretary's action against harassment of complainants.
(h) Remedies not exclusive.
1552. Benefits.
1575. Reports, recordkeeping, and investigations.
(a) Payments; compensation; wages.
(b) Allowances, earnings, and payments as income.
(a) Sufficiency of records; frequency.
(b) Investigations.
1553. Labor standards.
(c) Reporting and recordkeeping duties of States, designated admin-
(a) Employment conditions; local standards; workers' compensa-
istrative entities, and recipients.
tion; workplace comparability; retirement plan exclusion.
5
4
LABOR Ch. 19
Ch. 19 JOB TRAINING PARTNERSHIP
Sec.
Sec.
1576. Administrative adjudication.
1591. Transition-Cont'd
(a) Hearing after denial of assistance or sanction by Secretary.
(i) Use of fiscal 1983 funds.
(b) Time for filing exceptions; final action by Secretary.
(j) Applicability of time limits to planning; interim procedures; no
(c) Time for Secretary's review.
penalty for noncompliance with performance standards in ini-
(d) Judicial review.
tial program period.
1577. Nondiscrimination.
(k) Eligibility of current Comprehensive Employment and Training
(a) Applicability of equal protection provisions; prohibition of con-
Act participants.
struction of religious facility; nondiscrimination against fund-
1592. Statutory references to Comprehensive Employment and Training
ed activity participants; participant citizenship.
Act.
(b) Recipient noncompliance and Secretary's action.
SUBCHAPTER II-TRAINING SERVICES FOR
(c) Civil action by Attorney General.
THE DISADVANTAGED
(d) Job Corps members ultimate beneficiaries.
PART A-ADULT AND YOUTH PROGRAMS
1578. Judicial review.
(a) Review by Court of Appeals of Secretary's final order; review
1601. Allotment.
petition, final order record, expeditious review; scope of re-
(a) Limitation for insular possessions.
view.
(b) Percentage of unemployed and economically disadvantaged as
(b) Jurisdiction of Court of Appeals; review by Supreme Court.
share criteria; minimum State share; maximum State share
1579. Administrative provisions.
reduction; definitions.
(a) Secretary's prescription of regulations; publication in Federal
1602. Within State allocation.
Register.
(a) Percentages of unemployed and economically disadvantaged as
(b) Acceptance of gift.
share criteria; definitions.
(c) Secretary's discretion.
(b) Minimum shares: State education programs, programs relating
(d) Annual report to Congress.
to training older individuals, incentive grants for programs
(e) Annual report on impact of energy development and conserva-
exceeding performance standards and serving hard-to-serve
tion on employment.
individuals, auditing and administration.
1580. Utilization of services and facilities.
1603. Eligibility for services.
1581. Obligational authority.
(a) Economic disadvantage or employment barriers as participation
PART E-MISCELLANEOUS PROVISIONS
requirements.
1591. Transition.
(b) Youth services minimum; ratio to disadvantaged adults; eq-
(a) Continuity with Comprehensive Employment and Training Act
uitable treatment for recipients of aid to families with depend-
funding.
ent children and eligible school dropouts; proportion of public
(b) Continuity with Comprehensive Employment and Training Act
to private sector employment.
Commission.
(c) Definitions.
(c) Authorization for consolidation of former programs and mea-
1604. Use of funds.
sures for orderly transition.
1605. Exemplary youth programs.
(d) Continuation of regulations, etc.
(a) Optional programs.
(e) Continuation of judicial proceedings.
(f) Promulgation of regulations governing job training coordinating
(b) Education for employment program; locations; local educational
councils and private industry councils; effect of modifications;
criteria; priority for existing projects.
discretionary funds for private industry councils.
(c) Preemployment skills training program; maximum hours; activi-
(g) Transfer to administering entity of right to take title to nonex-
ties.
(d) Entry employment experience program; unemployment and edu-
pendable property.
(h) Continuing availability of area allocated unobligated funds.
cation requirements; maximum hours; types of experience.
7
6
LABOR Ch. 19
Ch. 19 JOB TRAINING PARTNERSHIP
Sec.
Sec.
.1605. Exemplary youth programs-Cont'd
1658. State plans; coordination with other programs.
(e) School-to-work transition assistance program; high school sen-
SUBCHAPTER IV-FEDERALLY ADMINISTERED PROGRAMS
iors and dropouts eligible; services; referral to other pro-
PART A-EMPLOYMENT AND TRAINING PROGRAMS FOR NATIVE AMERICANS
grams.
AND MIGRANT AND SEASONAL FARMWORKERS
PART B-SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAMS
1671. Native American programs.
1631. Funding.
(a) Congressional findings.
(a) Allocation to insular possessions and Native American programs.
(b) Congressional declaration of guidelines.
(b) Allotment among States; allocation among service delivery areas.
(c) Operation through Native American organizations where possi-
1632. Use of funds.
ble.
1633. Limitations.
(d) Alternative operation through approved organizations.
(a) Summer operation.
(e) Monitoring of programs.
(b) Economically disadvantaged youth.
(f) Availability of funds for other job training activities.
(c) Individuals aged 14 or 15 eligible.
(g) Continuation of Federal trust responsibilities.
1634. Applicable provisions.
(h) Consultation with Native Americans in prescription of regula-
SUBCHAPTER III-EMPLOYMENT AND TRAINING ASSISTANCE
tions; performance goals.
FOR DISLOCATED WORKERS
(i) Technical assistance to Native American organizations.
(j) Reservation of funds for purposes of this section.
1651. Allocation of funds.
1672. Migrant and seasonal farmworker programs.
(a) Reserved portion of allocation.
(b) Allocations for various proportions of unemployed.
(a) Congressional findings.
(b) Monitoring of programs for migrant and seasonal employment.
(c) Training and assistance for individuals affected by mass unem-
(c) Operation through experienced organizations; use of procedures
ployment.
consistent with competitive procurement policies; grantees
(d) Authorization for reallotment of State share unobligated within
designated for two years; goals of programs; recipient per-
year.
formance goals; section programs not exclusive of other kinds
1652. Identification of dislocated workers.
of aid.
(a) Authorization to establish procedures; definition.
(d) Consultation with State and local officials.
(b) Assistance by private industry council.
(e) Monitoring of programs for migrant and seasonal farmworker's
(c) Determination of job opportunities for eligible individuals; deter-
employment.
mination of local training opportunities.
(f) Reservation of funds for purposes of this section.
(d) Acceptance of local training as unemployment benefits.
1653. Authorized activities.
PART B-JOB CORPS
(a) Assistance for obtaining unsubsidized employment.
1691. Congressional declaration of purpose.
(b) Relocation assistance and conditions.
1692. Establishment of Job Corps.
1654. Matching requirement.
1693. Individuals eligible for Job Corps.
(a) Demonstration of State assistance matching; reduction of match-
1694. Screening and selection of applicants: general provisions.
ing requirement in high unemployment States; Secretary's
(a) Prescription of standards and procedures; implementation
annual determination of average rate of unemployment.
through experienced organizations; consultation with con-
(b) Scope of non-Federal matching funds; unemployment benefits to
cerned agencies and individuals; interview with applicant.
trainees as matching funds.
(b) Authorization of payment for active recruiting.
1655. Program review.
(c) Rural enrollees; residential facilities.
1656. Consultation with labor organizations.
1695. Screening and selection: special limitations.
1657. Limitations.
(a) Disciplinary standards for enrollees.
(a) Portion of funds available for administration.
(b) Enrollees on probation or parole; contact with criminal justice
(b) Nonapplicability to certain reserved funds.
system no bar.
8
29 U.S.C.A. §§ 1501 to End-2
9
LABOR Ch. 19
Ch. 19 JOB TRAINING PARTNERSHIP
Sec.
Sec.
1696. Enrollment and assignment.
1703. Experimental and developmental projects and coordination with
(a) Maximum enrollment period.
other programs-Cont'd
(b) Military obligation unaffected.
(c) Dissemination of information gained from Job Corps experience;
(c) Proximity of center to enrollee's home.
testing of efficacy of various activities and dissemination of
results.
1697. Job Corps centers.
(d) Pilot projects to prepare youth for military service; cooperation
(a) Operation through existing agencies and organizations; center
with Secretary of Defense; establishment of permanent pro-
functions; Civilian Conservation Centers; training centers;
grams; reimbursement of certain costs by Secretary of Defense
limit on nonresidential participants.
in funds, materials, or services.
(b) Availability of center opportunities to participants in other pro-
(e) Pilot projects using community-based organizations.
grams.
1698. Program activities.
1704. Advisory boards and committees.
1705. Participation of States.
(a) Center programs: training; counseling; center maintenance.
(b) Use of existing educational agencies providing substantially
(a) Consultation with State agencies on State law enforcement,
equivalent training.
discipline, development of meaningful work experience, and
(c) High school equivalency certificates.
coordination with State programs.
(d) Advanced career training: postsecondary institutions; company-
(b) Authorization to participate in and subsidize related State pro-
sponsored training programs; availability of benefits; demon-
grams.
stration of reasonable program completion and placement.
(c) Notice to Governor of Job Corps center establishment; thirty
1699. Allowances and support.
days to disapprove.
(d) Concurrent criminal jurisdiction for Job Corps centers.
(a) Subsistence; rates of allowances; incentive and disciplinary vari-
ations.
1706. Application of provisions of Federal law.
(b) Rules governing leave.
(a) Enrollees not deemed Federal employees; exceptions: Federal
(c) Termination readjustment allowance: minimum period; ad-
tax provisions; survivor and disability benefits; work injuries
vances; misconduct penalty; payment in case of death.
and terms of compensation; tort claims.
(d) Remittance to dependents; supplement.
(b) Adjustment and settlement of claims.
1700. Standards of conduct.
(c) Status of uniformed services personnel.
(a) Stringent enforcement; dismissal or transfer.
1707. Special provisions.
(b) Disciplinary measures by center directors; appeal to Secretary.
(a) Enrollment of women.
1701. Community participation.
(b) Job Corps documents and data to be United States property.
1702. Counseling and placement.
(c) Job Corps center transactions not gross receipts.
(a) Regular counseling and testing.
1708. General provisions.
(b) Counseling and testing prior to scheduled termination; place-
1709. Donations.
ment assistance; use of public employment service system.
PART C-VETERANS' EMPLOYMENT PROGRAMS
(c) Provision for further education, training, and counseling.
(d) Payment of readjustment allowance to former enrollees.
1721. Programs authorized.
1703. Experimental and developmental projects and coordination with
(a) Programs for disabled, Vietnam era, and recent veterans; opera-
other programs.
tion through experienced agencies; enhancement of services;
(a) Authorization for efficiency studies; young adult pilot projects;
employment and training services; outreach and public infor-
violent or delinquent youth pilot projects; consultation with
mation.
similarly concerned State and Federal agencies; funding from
(b) Administration through Assistant Secretary for Veterans' Em-
substantially similar projects; discretion to waive provisions;
ployment; fiscal management; consultation with Administra-
inclusion in annual report to Congress.
tor of Veterans' Affairs and coordination with related pro-
(b) Model community vocational education schools and skill centers.
grams.
10
11
LABOR Ch. 19
Ch. 19 JOB TRAINING PARTNERSHIP
PART D-NATIONAL ACTIVITIES
Sec.
Sec.
1754. National Occupational Information Coordinating Committee.
1731. Multistate programs.
(a) Authorization limit; membership; support of State occupational
(a) National programs and services.
information coordinating committees.
(b) Types of national programs.
(b) Special Federal responsibilities.
1732. Research and demonstration.
(c) Funds available from other programs.
(a) Employment and training research; areas for study.
1755. Job bank program.
(b) Experimental, developmental, and demonstration projects; areas
PART F-NATIONAL COMMISSION FOR EMPLOYMENT POLICY
for study; cooperation with Secretary of Defense.
1771. Statement of purpose.
1733. Pilot projects.
1772. Establishment.
(a) Projects for persons requiring special assistance; projects ad-
(a) Composition of membership.
dressing skill shortages affecting critical national objectives.
(b) Term of office; unfinished terms; terms of initial members.
(b) Elimination of employment barriers.
(c) Selection of Chairman; frequency of meetings; quorum and
(c) Three-year financial assistance limit.
voting.
(d) Special consideration for community-based organizations, labor
(d) Appointment of Director.
unions, and trade associations.
1773. Functions.
1734. Evaluation.
1774. Administrative provisions.
(a) Continuing study of program impact.
(a) Authority of Chairman: rules; staff and compensation; consult-
(b) Study of program effectiveness.
ants; voluntary services; acceptance of gifts; contracts; stud-
1735. Training and technical assistance.
ies and hearings; use of governmental facilities; advances and
(a) Personnel training; use of existing facilities.
payments.
(b) Dissemination of exemplary program information.
(b) Availability of Federal agencies and information.
1775. Reports.
PART E-LABOR MARKET INFORMATION
PART G-TRAINING TO FULFILL AFFIRMATIVE ACTION OBLIGATIONS
1751. Labor market information; availability of funds.
1781. Affirmative action.
(a) Publicly accessible labor market information system.
(a) Contractor's obligation; training program contents.
(b) Availability of funds for State labor market information.
(b) Review of community-need directed programs; includable in
(c) Funds available from other programs.
performance accomplishments; determination of affirmative
1752. Cooperative labor market information program.
action compliance; notice of compliance; abbreviated affirma-
(a) Maintenance of current multilevel employment data.
tive action program; successful performance and presumption
(b) Maintenance of job descriptions and requirements.
of good faith effort; limitation; "successful performance or
(c) Elimination of departmental data system overlap; coordination
operation" defined.
with Federal reporting services; use of standard definitions.
(c) Limitations: compulsory program involvement; exclusive com-
(d) Annual measure of labor market related economic hardship;
pliance criteria; obligations of nonparticipating contractors;
multilevel measure of cost of living; annual labor force and
interference with private industry councils; restriction of Sec-
income report.
retary's authority; short form affirmative action plan.
(e) Maintenance of permanent layoff and plant closing data.
Cross References
1753. Special Federal responsibilities.
ACTION agency, Director to coordinate program of providing job advancement plans for
(a) Interdepartmental cooperation; review and coordination of na-
low-income community volunteers with appropriate private industry councils under this
chapter, see section 4953 of Title 42, The Public Health and Welfare.
tional data systems; standardized national definitions; aid for
Applications for veterans' cost-of-instruction payments to institutions of higher education, see
State labor and occupational opportunity information systems.
section 1073e-1 of Title 20, Education.
Availability of labor regarding energy conservation, see section 6872 of Title 42, The Public
(b) Integrated occupational opportunity information system; Armed
Health and Welfare.
Forces career opportunities.
"Chief elected official or officials", "private industry council", and "service delivery area" as
defined in this chapter applicable to federal employment service, see section 49a of this
(c) Sufficient funds for Federal level coordinating staff.
title.
12
13
29
§
LABOR Ch. 19
Ch. 19 JOB TRAINING PARTNERSHIP
502
Compre.
ewide planning regarding educational outreach program for higher edu-
to the Code, see Short Title note below and
The Public Health and Welfare, repealing
cation, see section 1013 of Title 20, Education.
Tables volume.
chapter 17 (section 801 et seq.) of this title,
Coordination of Older American Community Service Employment Program with this chapter,
Short Title. Section 1 of Pub.L. 97-300
and enacting provisions set out as notes under
see section 3056a of Title 42, The Public Health and Welfare.
provided that: "This Act [enacting this chap-
Coordination of pilot program relating to community service program for handicapped with
sections 49 and 801 of this title} may be cited
ter and sections 49e, 49f, 491, and 49/-1 of
this chapter, see section 795a of this title.
as the 'Job Training Partnership Act'."
this title, amending sections 49, 49a, 49b, 49d,
Descriptions and assurances regarding State plans for vocational education, see section 2323 of
49g, 49h, 49i, and 49j of this titla section 665
Legislative History. For legislative history
Title 20, Education.
of Title 18, Crimes and Criminal Procedure,
and purpose of Pub. L. 97-300, see 1982 U.
Employment practices and labor-management joint apprenticeship training program exemption
and sections 602, 632, and 633 of Title 42,
S. Code Cong. and Adm. News, p. 2636.
regarding age discrimination, see section 6103 of Title 42, The Public Health and
Welfare.
Code of Federal Regulations
Establishment of community service programs, see section 9806 of Title 42.
Establishment of work incentive program, see section 632 of Title 42.
Applicability and general provisions, see 20 CFR 626.1 et seq.
Federal agency cooperation regarding programs for older Americans, see section 3013 of Title
Complaints, investigations, and hearings, see 20 CFR 636.1 et seq.
42.
State responsibilities, see 20 CFR 627.1 et seq.
Financial assistance regarding energy conservation under this chapter, see section 6864 of Title
42.
Grant authority for training for higher education personnel, see section 1119a-1 of Title 20,
§
1502. Authorization of appropriations
Education.
Grant authority regarding adult education programs for immigrants, see section 121 lc of Title
(a)(1) There are authorized to be appropriated to carry out part A of
20.
Grant authority regarding secondary education and transitional services for handicapped youth,
subchapter II of this chapter and subchapter IV of this chapter (other than
see section 1425 of Title 20.
part B of such subchapter) such sums as may be necessary for fiscal year
Information services regarding educational outreach for higher education, see section 1014 of
1983 and for each succeeding fiscal year.
Title 20.
Limitation on expenditures regarding energy conservation, see section 6865 of Title 42, The
(2) From the amount appropriated pursuant to paragraph (1) for any
Public Health and Welfare.
fiscal year, an amount equal to not more than 7 percent of the total amount
Operation of work incentive program, see section 633 of Title 42.
appropriated pursuant to this section shall be available to carry out parts A,
Percentage disposition of funds by United States Employment Service, see section 49f of this
title.
C, D, E, F, and G of subchapter IV of this chapter.
Preparation of State plan by State employment service under this chapter, see section 49g of
this title.
(3) Of the amount so reserved under paragraph (2)—
State plans for aid and services to needy families with children under this chapter, see section
(A) 5 percent shall be available for part C of subchapter IV of this
602 of Title 42, The Public Health and Welfare.
chapter, and
Theft or embezzlement from employment and training funds under this chapter, see section 665
of Title 18, Crimes and Criminal Procedure.
(B) $2,000,000 shall be available for part F of subchapter IV of this
Weatherization program for repairs or improvement of rural dwellings, see section 1474 of Title
chapter.
42, The Public Health and Welfare.
(b) There are authorized to be appropriated to carry out part B of
Library References
subchapter II of this chapter such sums as may be necessary for fiscal year
1983 and for each succeeding fiscal year.
United States 82(2).
C.J.S. United States § 122.
(c) There are authorized to be appropriated to carry out subchapter III of
this chapter such sums as may be necessary for fiscal year 1983 and for each
succeeding fiscal year.
§ 1501. Congressional declaration of purpose
(d) There are authorized to be appropriated $618,000,000 for fiscal year
It is the purpose of this chapter to establish programs to prepare youth
1983, and such sums as may be necessary for each succeeding fiscal year, to
and unskilled adults for entry into the labor force and to afford job training
carry out part B of subchapter IV of this chapter.
to those economically disadvantaged individuals and other individuals facing
serious barriers to employment, who are in special need of such training to
(e) The authorizations of appropriations contained in this section are
obtain productive employment.
subject to the program year provisions of section 1571 of this title.
(Pub.L. 97-300, § 2, Oct. 13, 1982, 96 Stat. 1324.)
(Pub.L. 97-300, § 3, Oct. 13, 1982, 96 Stat. 1324.)
Historical Note
Historical Note
References in Text. This chapter, referred
Training Partnership Act, which is classified
to in text, was in the original "this Act",
principally to this chapter (section 1501 et
Legislative History. For legislative history
meaning Pub.L. 97-300, Oct. 13, 1982, 96
seq.). For complete classification of this Act
and purpose of Pub. L. 97-300, see 1982 U.
Stat. 1322, as amended, known as the Job
S. Code Cong. and Adm. News, P. 2636.
14
15
29 $
LABOR
Ch. 19
Ch. 19 JOB TRAINING PARTNERSHIP
503
Note 1
Cross References
dians (including the National Urban Indian Council), as well as tribal
Summer youth employment and training programs, allocation to insular possessions, Native
governments and Native Alaskan groups.
American programs, and States, see section 1631 of this title.
(6) Except as otherwise provided therein, the term "council" means
Training services for disadvantaged, allotment limitation for insular possessions, see section
the private industry council established under section 1512 of this title.
1601 of this title.
(7) The term "economic development agencies" includes local plan-
Notes of Decisions
ning and zoning commissions or boards, community development
agencies, and other local agencies and institutions responsible for
1. Apportionment of funds
Training Act, former sections 801 et seq. of
this title, did not override Secretary's other-
regulating, promoting, or assisting in local economic development.
Conference report language, which did not
appear in reports of either full house of Con-
wise plenary, executive authority to determine
(8) The term "economically disadvantaged" means an individual
gress, purporting to direct Secretary to main-
how to apportion funds in the Department's
who (A) receives, or is a member of a family which receives, cash
tain recipient's funding under this chapter at
budgetary process. Human Resources Devel-
welfare payments under a Federal, State, or local welfare program; (B)
an annualized rate equal to that received by it
opment Institute, Inc. v. Donovan, D.C.D.C.
under Comprehensive Employment and
1983, 587 F.Supp. 617.
has, or is a member of a family which has, received a total family
income for the six-month period prior to application for the program
involved (exclusive of unemployment compensation, child support pay-
§ 1503. Definitions
ments, and welfare payments) which, in relation to family size, was not
in excess of the higher of (i) the poverty level determined in accordance
For the purposes of this chapter, the following definitions apply:
with criteria established by the Director of the Office of Management
(1) The term "academic credit" means credit for education, training,
and Budget, or (ii) 70 percent of the lower living standard income level;
or work experience applicable toward a secondary school diploma, a
(C) is receiving food stamps pursuant to the Food Stamp Act of 1977
postsecondary degree, or an accredited certificate of completion, con-
[7 U.S.C.A. § 2011 et seq.]; (D) is a foster child on behalf of whom
sistent with applicable State law and regulation and the requirements of
State or local government payments are made; or (E) in cases permit-
an accredited educational agency or institution in a State.
ted by regulations of the Secretary, is an adult handicapped individual
(2) The term "administrative entity" means the entity designated to
whose own income meets the requirements of clause (A) or (B), but
administer a job training plan under section 1513(b)(1)(B) of this title.
who is a member of a family whose income does not meet such
(3) The term "area of substantial unemployment" means any area of
requirements.
sufficient size and scope to sustain a program under part A of
(9) The term "Governor" means the chief executive of any State.
subchapter II of this chapter and which has an average rate of
(10) The term "handicapped individual" means any individual who
unemployment of at least 6.5 percent for the most recent twelve months
has a physical or mental disability which for such individual constitutes
as determined by the Secretary. Determinations of areas of substantial
or results in a substantial handicap to employment.
unemployment shall be made once each fiscal year.
(11) The term "Hawaiian native" means any individual any of whose
(4) The term "chief elected official" includes—
ancestors were natives, prior to 1778, of the area which now comprises
(A) in the case of a State, the Governor;
the State of Hawaii.
(B) in the District of Columbia, the mayor; and
(12) The term "institution of higher education" means any institu-
(C) in the case of a service delivery area designated under
tion of higher education as that term is defined in section 1201(a) of the
section 1511(a)(4)(A)(iii) of this title, the governing body.
Higher Education Act of 1965 [20 U.S.C.A. § 1141(a)].
(5) The term "community-based organizations" means private non-
(13) The term "labor market area" means an economically integrat-
profit organizations which are representative of communities or signifi-
ed geographic area within which individuals can reside and find
cant segments of communities and which provide job training services
employment within a reasonable distance or can readily change em-
(for example, Opportunities Industrialization Centers, the National
ployment without changing their place of residence. Such areas shall
Urban League, SER-Jobs for Progress, United Way of America, Main-
be identified in accordance with criteria used by the Bureau of Labor
stream, the National Puerto Rican Forum, National Council of La
Statistics of the Department of Labor in defining such areas or similar
Raza, 70,001, Jobs for Youth, organizations operating career intern
criteria established by a Governor.
programs, neighborhood groups and organizations, community action
(14) The term "local educational agency" means such an agency as
agencies, community development corporations, vocational rehabilita-
defined in section 4(15) of the Carl D. Perkins Vocational Education
tion organizations, rehabilitation facilities (as defined in section 7(10) of
Act [20 U.S.C.A. § 2471(19)].
the Rehabilitation Act of 1973 [29 U.S.C.A. § 706(10)]), agencies
serving youth, agencies serving the handicapped, agencies serving dis-
(15) The term "low-income level" means $7,000 with respect to
placed homemakers, union-related organizations, and employer-related
income in 1969, and for any later year means that amount which bears
nonprofit organizations), and organizations serving nonreservation In-
the same relationship to $7,000 as the Consumer Price Index for that
17
16
29 §
LABOR Ch. 19
Ch. 19 JOB TRAINING PARTNERSHIP
04
year bears to the Consumer Price Index for 1969, rounded to the
(27)(A) The term "veteran" means an individual who served in the
nearest $1,000.
active military, naval, or air service, and who was discharged or
(16) The term "lower living standard income level" means that
released therefrom under conditions other than dishonorable.
income level (adjusted for regional, metropolitan, urban, and rural
(B) The term "disabled veteran" means (i) a veteran who is entitled
differences and family size) determined annually by the Secretary based
to compensation under laws administered by the Veterans' Administra-
on the most recent "lower living family budget" issued by the Secre-
tion, or (ii) an individual who was discharged or released from active
tary.
duty because of service-connected disability.
(17) The term "offender" means any adult or juvenile who is or has
(28) The term "vocational education" has the meaning provided in
been subject to any stage of the criminal justice process for whom
section 521(31) of the Carl D. Perkins Vocational Education Act [20
services under this chapter may be beneficial or who requires assistance
U.S.C.A. § 2471(31)].
in overcoming artificial barriers to employment resulting from a record
of arrest or conviction.
(Pub.L. 97-300, § 4, Oct. 13, 1982, 96 Stat. 1325; Pub.L. 98-524, § 4(a)(1), Oct.
19, 1984, 98 Stat. 2487.)
(18) The term "postsecondary institution" means an institution of
higher education as that term is defined in section 481(a)(1) of the
Historical Note
Higher Education Act of 1965 [20 U.S.C.A. § 1088(a)(1)].
References in Text. This chapter, referred
Code, see Short Title note set out under
(19) The term "private sector" means, for purposes of the State job
to in provision preceding par. (1) and in pars.
section 2011 of Title 7 and Tables volume.
training councils and private industry councils, persons who are own-
(17) and (24), was in the original "this Act",
1984 Amendment. Par. (14). Pub.L.
ers, chief executives or chief operating officers of private for-profit
meaning Pub.L. 97-300, Oct. 13, 1982, 96
98-524, § 4(a)(1)(A), substituted "section
employers and major nongovernmental employers, such as health and
Stat. 1322, as amended, known as the Job
4(15) of the Carl D. Perkins Vocational Edu-
educational institutions or other executives of such employers who have
Training Partnership Act, which is classified
cation Act" for "section 195(10) of the Voca-
principally to this chapter (section 1501 et
tional Education Act of 1963".
substantial management or policy responsibility.
seq.). For complete classification of this Act
Par. (23). Pub.L. 98-524, § 4(a)(1)(B),
(20) The term "public assistance" means Federal, State, or local
to the Code, see Short Title note set out
substituted "section 1201(h) of the Higher
government cash payments for which eligibility is determined by a
under section 1501 of this title and Tables
Education Act" for "section 195(11) of the
volume.
Vocational Education Act of 1963".
needs or income test.
Par. (28). Pub.L. 98-524, § 4(a)(1)(C),
(21) The term "Secretary" means the Secretary of Labor.
Section 4(15) of the Carl D. Perkins Voca-
substituted "section 521(31) of the Carl D.
tional Education Act, referred to in par. (14),
(22) The term "State" means any of the several States, the District of
Perkins Vocational Education Act" for "sec-
probably means section 521(19) of Pub.L.
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
tion 195(1) of the Vocational Education Act
88-210, Title V, as added Pub.L. 98-524,
of 1963".
Guam, the Northern Mariana Islands, American Samoa, and the Trust
§ 1, Oct. 19, 1984, 98 Stat. 2482, which
Effective Date of 1984 Amendment.
Territory of the Pacific Islands.
defines the term "local educational agency"
Amendments by Pub.L. 98-524 effective for
as used in the Carl D. Perkins Vocational
(23) The term "State educational agency" means such an agency as
fiscal years beginning on or after Oct. 1, 1984,
Education Act, and which is classified to
defined in section 1201(h) of the Higher Education Act of 1965 [20
except as otherwise provided, see section 2 of
section 2471(19) of Title 20, Education.
Pub.L. 98-524, set out as a note under sec-
U.S.C.A. § 1141(h)].
The Food Stamp Act of 1977, referred to
tion 2301 of Title 20, Education.
(24) The term "supportive services" means services which are neces-
in par. (8)(C), is Pub. L. 88-525, Aug. 31,
Legislative History. For legislative history
sary to enable an individual eligible for training under this chapter, but
1964, 78 Stat. 703, as amended, which is
and purpose of Pub. L. 97-300, see 1982 U.
who cannot afford to pay for such services, to participate in a training
classified generally to chapter 51 (section
S. Code Cong. and Adm. News, p. 2636.
program funded under this chapter. Such supportive services may
2011 et seq.) of Title 7, Agriculture. For
See, also, Pub.L. 98-524, 1984 U.S. Code
include transportation, health care, special services and materials for
complete classification of this Act to the
Cong. and Adm. News, p. 4097.
the handicapped, child care, meals, temporary shelter, financial coun-
Cross References
seling, and other reasonable expenses required for participation in the
training program and may be provided in-kind or through cash assist-
Chief elected official for development of job training plan in case of service delivery area as
representative of chief elected official, as defined in par. (4)(C) of this section, for such
ance.
area, see section 1513 of this title.
(25) The term "unemployed individuals" means individuals who are
without jobs and who want and are available for work. The determi-
nation of whether individuals are without jobs shall be made in
§ 1504. Enforcement of Military Selective Service Act
accordance with the criteria used by the Bureau of Labor Statistics of
the Department of Labor in defining individuals as unemployed.
The Secretary shall insure that each individual participating in any
(26) The term "unit of general local government" means any general
program established under this chapter, or receiving any assistance or
purpose political subdivision of a State which has the power to levy
benefit under this chapter, has not violated section 3 of the Military
taxes and spend funds, as well as general corporate and police powers.
Selective Service Act (50 U.S.C.App. 453) by not presenting and submitting
18
19
29 §
LABOR
Ch.
19
Ch. 19 JOB TRAINING PARTNERSHIP
511
to registration as required pursuant to such section. The Director of the
(i) any unit of general local government with a population of 200,000
Selective Service System shall cooperate with the Secretary in carrying out
or more;
this section.
(ii) any consortium of contiguous units of general local government
(Pub.L. 97-300, Title V, § 504, Oct. 13, 1982, 96 Stat. 1399.)
with an aggregate population of 200,000 or more which serves a
substantial part of a labor market area; and
Historical Note
(iii) any concentrated employment program grantee for a rural area
References in Text. This chapter, referred
to the Code, see Short Title note set out
which served as a prime sponsor under the Comprehensive Employ-
to in text, was in the original "this Act",
under section 1501 of this title and Tables
ment and Training Act.
meaning Pub.L. 97-300, Oct. 13, 1982, 96
volume.
Stat. 1322, as amended, known as the Job
(B) The Governor may approve a request to be a service delivery area
Training Partnership Act, which is classified
Legislative History. For legislative history
from any unit of general local government or consortium of contiguous
principally to this chapter (section 1501 et
and purpose of Pub. L. 97-300, see 1982 U.
units of general local government, without regard to population, which
seq.). For complete classification of this Act
S. Code Cong. and Adm. News, p. 2636.
serves a substantial portion of a labor market area.
(C) If the Governor denies a request submitted under subparagraph (A)
SUBCHAPTER I-JOB TRAINING AND EMPLOYMENT
and the entity making such request alleges that the decision of the Governor
ASSISTANCE SYSTEM
is contrary to the provisions of this section, such entity may appeal the
PART A-SERVICE DELIVERY SYSTEM
decision to the Secretary, who shall make a final decision within 30 days
after such appeal is received.
Cross References
(b) Final designation by Governor
Private industry councils established under this subchapter to have same authority and
responsibilities with respect to planning and administration of funds available for
The Governor shall make a final designation of service delivery areas
summer youth employment and training programs as they have for adult and youth
within the State. Before making a final designation of service delivery areas
programs, see section 1634 of this title.
for the State, the Governor shall review the comments submitted under
Use of private industry councils established by this subchapter to assist in identification of
subsection (a)(3) of this section and requests submitted under subsection
dislocated workers, see section 1652 of this title.
(a)(4) of this section.
(c) Redesignations
§
1511. Establishment of service delivery areas
(1) In accordance with subsection (a) of this section, the Governor may
(a) Proposals; proposed designations; requests
redesignate service delivery areas no more frequently than every two years.
(1) The Governor shall, after receiving the proposal of the State job
Such redesignations shall be made not later than 4 months before the
training coordinating council, publish a proposed designation of service
beginning of a program year.
delivery areas for the State each of which-
(2) Subject to paragraph (1), the Governor shall make such a redesig-
(A) is comprised of the State or one or more units of general local
nation if a petition to do so is filed by an entity specified in subsection
government;
(a)(4)(A) of this section.
(B) will promote effective delivery of job training services; and
(3) The provisions of this subsection are subject to section 1515(c) of this
(C)(i) is consistent with labor market areas or standard metropolitan
title.
statistical areas, but this clause shall not be construed to require
(Pub.L. 97-300, Title I, § 101, Oct. 13, 1982, 96 Stat. 1327.)
designation of an entire labor market area; or
(ii) is consistent with areas in which related services are provided
Historical Note
under other State or Federal programs.
References in Text. The Comprehensive
1982, 96 Stat. 1357, which is classified princi-
(2) The Council shall include in its proposal a written explanation of the
Employment and Training Act, referred to in
pally to this chapter. Provisions of the Com-
reasons for designating each service delivery area.
subsec. (a)(4)(A)(iii), is Pub.L. 93-203, Dec.
prehensive Employment and Training Act re-
28, 1973, 87 Stat. 839, as amended, which
lating to prime sponsors were classified to
(3) Units of general local government (and combinations thereof), busi-
was classified generally to chapter 17 (section
section 811 of this title prior to its repeal.
ness organizations, and other affected persons or organizations shall be
801 et seq.) of this title, and was repealed by
Legislative History. For legislative history
given an opportunity to comment on the proposed designation of service
section 184(a)(1) of the Job Training Partner-
and purpose of Pub. L. 97-300, see 1982 U.
ship Act, Pub.L. 97-300, Title I, Oct. 13,
S. Code Cong. and Adm. News, p. 2636.
delivery areas and to request revisions thereof.
(4)(A) The Governor shall approve any request to be a service delivery
Cross References
area from-
Allocation of State allotment for adult and youth programs, see section 1602 of this title.
20
21
29 §
LABOR Ch. 19
Ch. 19 JOB TRAINING PARTNERSHIP
512
Definition of "chief elected official" in case of service delivery area designated under subsec.
(2) representatives of educational agencies (representative of all edu-
(a)(4)(A)(ii) of this section as governing body, see section 1503 of this title.
cational agencies in the service delivery area), organized labor, rehabili-
Designation of chief elected official for development of job training plan in case of service
tation agencies, community-based organizations, economic development
delivery area designated under subsec. (a)(4)(A)(ii) of this section, see section 1513 of
agencies, and the public employment service.
this title.
Determination of allotment for adult and youth programs, see section 1601 of this title.
(b) Chairman
Judicial review of denial of request to be service delivery area, see section 1578 of this title.
Limitation on certain costs not applicable to service delivery area designated under subsec.
The Chairman of the council shall be selected from among members of
(a)(4)(A)(iii) of this section, see section 1518 of this title.
the council who are representatives of the private sector.
Private industry councils for every service delivery area, see section 1512 of this title.
Redesignation of service delivery areas, see section 1515 of this title.
(c) Nomination and recommendation of Individuals
(1)(A) Private sector representatives on the council shall be selected from
Code of Federal Regulations
among individuals nominated by general purpose business organizations
Designation of service delivery areas, see 20 CFR 628.1 et seq.
after consulting with, and receiving recommendations from, other business
Programs, see 20 CFR 629.1 et seq.
organizations in the service delivery area. The number of such nominations
shall be at least 150 percent of the number of individuals to be appointed
Notes of Decisions
under subsection (a)(1) of this section. Such nominations, and the individu-
Duty of Governor 1
Romero-Barcelo v. Donovan, C.A.1, 1983,
als selected from such nominations, shall reasonably represent the industrial
Service delivery area
722 F.2d 882.
and demographic composition of the business community. Whenever possi-
Generally 2
Consortium of local governmental units
3. Consortium of local governmental
ble, at least one-half of such business and industry representatives shall be
3
units
representatives of small business, including minority business.
Consortia made up of several counties
which extended over more than single "labor
(B) For the purpose of this paragraph, the term-
1. Duty of Governor
market area" were not entitled to be designat-
(i) "general purpose business organizations" means organizations
Governor's function under this chapter
ed as "service delivery areas" for purpose of
which admit to membership any for-profit business operating within the
amounts to more than merely funneling feder-
apportioning funds under this chapter. Con-
service delivery area; and
al money to local job training programs;
sortium of Rockingham and Strafford Coun-
rather, the role of the state in all local pro-
ties, N.H. V. U.S. Dept. of Labor, C.A.1,
(ii) "small business" means private for-profit enterprises employing
grams is recognized and the excessive involve-
1983, 722 F.2d 888.
500 or fewer employees.
ment of the federal government is ended.
Romero-Barcelo V. Donovan, C.A.1, 1983,
In regard to provision of this section which
(2) Education representatives on the council shall be selected from among
722 F.2d 882.
requires the governor of a state to designate a
individuals nominated by local educational agencies, vocational education
consortium of local governmental units as a
2. Service delivery area-Generally
service delivery area if, among other things, it
institutions, institutions of higher education, or general organizations of
No constraints exist on the size of service
serves a substantial part of a "labor market
such agencies or institutions, and by private and proprietary schools or
delivery areas eligible for designation under
area," the labor market area provision re-
general organizations of such schools, within the service delivery area.
this chapter. The governor may designate
quires that a consortium serve one, but not
practically any area, from a substantial part
more than one, labor market area; according-
(3) The remaining members of the council shall be selected from individ-
of a single labor market area to the entire
ly, consortia corresponding to single labor
uals recommended by interested organizations. Labor representatives shall
state, as a service delivery area; it is only the
market areas are eligible for compulsory ser-
be recommended by recognized State and local labor organizations or
compulsory designation provisions which are
vice delivery area designation, but consortia
restricted to a narrow class of municipalities
extending over multiple labor market areas
appropriate building trades councils.
and consortia. Job Training Partnership Act,
are not. Romero-Barcelo v. Donovan, C.A.1,
(d) Appointment of members
§§ 2-481, 29 U.S.C.A. §§ 1501-1781.
1983, 722 F.2d 882.
(1) In any case in which there is only one unit of general local govern-
ment with experience in administering job training programs within the
§ 1512. Private industry councils
service delivery area, the chief elected official of that unit shall appoint
members to the council from the individuals nominated or recommended
(a) Establishment; membership
under subsection (c) of this section.
There shall be a private industry council for every service delivery area
established under section 1511 of this title, to be selected in accordance with
(2) In any case in which there are two or more such units of general local
this subsection. Each council shall consist of-
government in the service delivery area, the chief elected officials of such
(1) representatives of the private sector, who shall constitute a
units shall appoint members to the council from the individuals SQ nominat-
ed or recommended in accordance with an agreement entered into by such
majority of the membership of the council and who shall be owners of
business concerns, chief executives or chief operating officers of non-
units of general local government. In the absence of such an agreement, the
governmental employers, or other private sector executives who have
appointments shall be made by the Governor from the individuals so
nominated or recommended.
substantial management or policy responsibility; and
23
22
29 §
LABOR Ch. 19
Ch. 19 JOB TRAINING PARTNERSHIP
13
(e) Number of members
the job training plan for its service delivery area in partnership with the unit
The initial number of members of the council shall be determined—
or units of general local government within its service delivery area.
(1) by the chief elected official in the case described in subsection
(b) Development of job training plan; selection of grant recipient
(d)(1) of this section,
and administering entity
(2) by the chief elected officials in accordance with the agreement in
(1) The council, in accordance with an agreement or agreements with the
the case described in subsection (d)(2) of this section, or
appropriate chief elected official or officials specified in subsection (c) of this
(3) by the Governor in the absence of such agreement.
section, shall-
Thereafter, the number of members of the council shall be determined by
(A) determine procedures for the development of the job training
the council.
plan, which may provide for the preparation of all or any part of the
plan (i) by the council, (ii) by any unit of general local government in
(f) Terms of office; removal for cause
the service delivery area, or by an agency thereof, or (iii) by such other
Members shall be appointed for fixed and staggered terms and may serve
methods or institutions as may be provided in such agreement; and
until their successors are appointed. Any vacancy in the membership of the
(B) select as a grant recipient and entity to administer the job
council shall be filled in the same manner as the original appointment. Any
training plan (which may be separate entities), (i) the council, (ii) a unit
member of the council may be removed for cause in accordance with
of general local government in its service delivery area, or an agency
procedures established by the council.
thereof, (iii) a nonprofit private organization or corporation, or (iv) any
other agreed upon entity or entities.
(g) Certification
(2) The council is authorized to provide oversight of the programs
The Governor shall certify a private industry council if the Governor
conducted under the job training plan in accordance with procedures
determines that its composition and appointments are consistent with the
provisions of this subsection. Such certification shall be made or denied
established by the council. In order to carry out this paragraph, the council
shall have access to such information concerning the operations of such
within 30 days after the date on which a list of members and necessary
supporting documentation are submitted to the Governor. When the
programs as is necessary.
Governor certifies the council, it shall be convened within 30 days by the
(c) Appropriate chief elected official or officials
official or officials who made the appointments to such council under
For purposes of subsection (b) of this section, the appropriate chief
subsection (d) of this section.
elected official or officials means—
(h) Reconstitution of State job training coordinating councils
(1) the chief elected official of the sole unit of general local govern-
In any case in which the service delivery area is a State, the State job
ment in the service delivery area,
training coordinating council or a portion of such council may be reconsti-
(2) the individual or individuals selected by the chief elected officials
tuted to meet the requirements of this section.
of all units of general local government in such area as their authorized
(Pub.L. 97-300, Title I, § 102, Oct. 13, 1982, 96 Stat. 1328.)
representative, or
(3) in the case of a service delivery area designated under section
Historical Note
1511(a)(4)(A)(iii) of this title, the representative of the chief elected
official for such area (as defined in section 1503(4)(C) of this title).
Legislative History. For legislative history
and purpose of Pub. L. 97-300, see 1982 U.
(d) Submission of job training plan to Governor
S. Code Cong. and Adm. News, p. 2636.
No job training plan prepared under section 1514 of this title may be
Cross References
submitted to the Governor unless (1) the plan has been approved by the
Comptroller General's access to records, see section 1574 of this title.
council and by the appropriate chief elected official or officials specified in
Council defined for purposes of this section, see section 1503 of this title.
subsection (c) of this section, and (2) the plan is submitted jointly by the
Discretionary funds for private industry councils, see section 1591 of this title.
council and such official or officials.
Redesignation of councils regarding review and approval of plan, see section 1515 of this title.
Review of community-need directed programs, see section 1781 of this title.
(e) Budget; staff; Incorporation; contributions and grant funds
In order to carry out its functions under this chapter, the council-
§ 1513. Functions of private industry councils
(1) shall, in accordance with the job training plan, prepare and
(a) Policy guidance and oversight
approve a budget for itself, and
It shall be the responsibility of the private industry council to provide
(2) may hire staff, incorporate, and solicit and accept contributions
policy guidance for, and exercise oversight with respect to, activities under
and grant funds (from other public and private sources).
24
25
29 §
LABOR Ch. 19
Ch. 19 JOB TRAINING PARTNERSHIP
14
(f) "Oversight" defined
pursuant to section 1513(b)(1)(B) of this title and to meet the require-
As used in this section, the term "oversight" means reviewing, monitor-
ments of section 1518 of this title;
ing, and evaluating.
(7) a description of methods of complying with the coordination
criteria contained in the Governor's coordination and special services
(Pub.L. 97-300, Title I, § 103, Oct. 13, 1982, 96 Stat. 1330; Pub.L. 97-404, § 1(a),
Dec. 31, 1982, 96 Stat. 2026.)
plan;
I So in original. Probably should be "an".
(8) if there is more than one service delivery area in a single labor
market area, provisions for coordinating particular aspects of individual
Historical Note
service delivery area programs, including-
References in Text. This chapter, referred
1982 Amendment. Subsec. (c)(3). Pub.L.
(A) assessments of needs and problems in the labor market that
to in subsec. (e), was in the original "this
97-404 substituted reference to section
form the basis for. program planning;
Act", meaning Pub.L. 97-300, Oct. 13, 1982,
1511(a)(4)(A)(iii) of this title for reference to
96 Stat. 1322, as amended, known as the Job
(B) provisions for ensuring access by program participants in
section 1514(a)(4)(A)(iii) of this title.
Training Partnership Act, which is classified
each service delivery area to skills training and employment
principally to this chapter (section 1501 et
Legislative History. For legislative history
opportunities throughout the entire labor market; and
seq.). For complete classification of this Act
and purpose of Pub.L. 97-300, see 1982 U.S.
to the Code, see Short Title note set out
(C) coordinated or joint implementation of job development,
Code Cong. and Adm.News, p. 2636.
under section 1501 of this title and Tables
placement, and other employer outreach activities;
volume.
(9) fiscal control, accounting, audit and debt collection procedures to
Cross References
assure the proper disbursal of, and accounting for, funds received under
this subchapter; and
Administrative entity defined for purposes of this section, see section 1503 of this title.
Discretionary funds for private industry councils, see section 1591 of this title.
(10) procedures for the preparation and submission of an annual
Job training plan, see section 1514 of this title.
report to the Governor which shall include-
Review and approval of plan, see section 1515 of this title.
(A) a description of activities conducted during the program
year;
§ 1514. Job training plan
(B) characteristics of participants; and
(C) the extent to which the activities exceeded or failed to meet
(a) Two-year program plan requirement
relevant performance standards.
No funds appropriated for any fiscal year may be provided to any service
(c) Modification of plan
delivery area under this chapter except pursuant to a job training plan for
two program years which is prepared in accordance with section 1513 of
If changes in labor market conditions, funding, or other factors require
substantial deviation from an approved job training plan, the private
this title and which meets the requirements of this section.
industry council and the appropriate chief elected official or officials (as
(b) Contents of plan
described in section 1513(c) of this title) shall submit a modification of such
Each job training plan shall contain-
plan (including modification of the budget under subsection (b)(6) of this
section), which shall be subject to review in accordance with section 1515 of
(1) identification of the entity or entities which will administer the
this title.
program and be the grant recipient of funds from the State;
(2) a description of the services to be provided, including the estimat-
(Pub.L. 97-300, Title I, § 104, Oct. 13, 1982, 96 Stat. 1331.)
ed duration of service and the estimated training cost per participant;
(3) procedures for identifying and selecting participants and for
Historical Note
eligibility determination and verification;
References in Text. This chapter, referred
Title I of Pub.L. 97-300, which enacted this
(4) performance goals established in accordance with standards pre-
to in subsec. (a), was in the original "this
subchapter, amended section 665 of Title 18,
scribed under section 1516 of this title;
Act", meaning Pub.L. 97-300, Oct. 13, 1982,
Crimes and Criminal Procedure, repealed
96 Stat. 1322, as amended, known as the Job
chapter 17 (section 801 et seq.) of this title,
(5) procedures, consistent with section 1517 of this title, for selecting
Training Partnership Act, which is classified
and enacted a provision set out as a note
service providers which take into account past performance in job
principally to this chapter (section 1501 et
under former section 801 of this title. For
training or related activities, fiscal accountability, and ability to meet
seq.). For complete classification of this Act
complete classification of Title I of Pub.L.
performance standards;
to the Code, see Short Title note set out
97-300 to the Code, see Tables volume.
under section 1501 of this title and Tables
(6) the budget for two program years and any proposed expenditures
volume.
Legislative History. For legislative history
for the succeeding two program years, in such detail as is determined
This subchapter, referred to in subsec.
and purpose of Pub.L. 97-300, see 1982 U.S.
necessary by the entity selected to prepare this portion of the plan
(b)(9), was in the original "this title" meaning
Code Cong. and Adm.News, p. 2636.
26
27
29 § 1.
LABOR Ch. 19
Ch. 19 JOB TRAINING PARTNERSHIP
5
Cross References
appealed to the Secretary, who shall make a final decision of whether the
Governor's disapproval complies with paragraph (1) of this subsection
Annual planning report, see section 1531 of this title.
Authorization to Governor regarding training programs for older Americans, see section 1534
within 45 days after receipt of the appeal.
of this title.
(3)(A) Interested parties may petition the Governor within 15 days of the
Redesignation of service delivery areas, see section 1515 of this title.
Submission of job training plan to Governor, see section 1513 of this title.
date of submission for disapproval of the plan or modification thereof if
(i) the party can demonstrate that it represents a substantial client
interest,
§ 1515. Review and approval of plan
(ii) the party took appropriate steps to present its views and seek
(a) Times for publication of plan and modifications
resolution of disputed issues prior to submission of the plan to the
(1) Not less than 120 days before the beginning of the first of the two
Governor, and
program years covered by the job training plan-
(iii) the request for disapproval is based on a violation of statutory
(A) the proposed plan or summary thereof shall be published; and
requirements.
(B) such plan shall be made available for review and comment to-
(B) If the Governor approves the plan (or modification), the Governor
(i) each house of the State legislature for appropriate referral;
shall notify the petitioner in writing of such decision and the reasons
therefor.
(ii) appropriate local educational and other public agencies in
the service delivery area; and
(c) Redesignation of service delivery areas and private Industry councils
(iii) labor organizations in the area which represent employees
(1) If a private industry council and the appropriate chief elected official
having the skills in which training is proposed; and
or officials fail to reach the agreement required under section 1513(b) or (d)
(C) such plan shall be reasonably available to the general public
of this title and, as a consequence, funds for a service delivery area may not
through such means as public hearings and local news facilities.
be made available under section 1514 of this title, then the Governor shall
(2) The final plan, or a summary thereof, shall be published not later
redesignate, without regard to sections¹ 1511(a)(4) and (c)(1) of this title, the
than 80 days before the first of the two program years and shall be
service delivery areas in the State to merge the affected area into one or
submitted to the Governor in accordance with section 1513(d)(2) of this
more other service delivery areas, in order to promote the reaching of
title. Any modification shall be published not later than 80 days before it is
agreement.
effective and shall be submitted to the Governor in accordance with such
(2) In any State in which service delivery areas are redesignated under
section.
paragraph (1), private industry councils shall, to the extent necessary for the
(b) Governor's approval of plan: criteria, time, and petitions opposing
redesignation, be reconstituted and job training plans modified as required
(1) The Governor shall approve the job training plan or modification
to comply with sections 1512 and 1513 of this title. Services under an
thereof unless he finds that-
approved plan shall not be suspended while the council is reconstituted and
the plan is modified.
(A) corrective measures for deficiencies found in audits or in meeting
performance standards from previous years have not been taken or are
(d) Authority of Secretary in single plan States
not acceptably underway;
In any case in which the service delivery area is a State, the plan (or
(B) the entity proposed to administer the program does not have the
modification) shall be submitted to the Secretary for approval. For the
capacity to administer the funds;
purpose of this subsection, the Secretary shall have the same authority as
(C) there are inadequate safeguards for the protection of funds
the Governor has under this section.
received;
(Pub.L. 97-300, Title I, § 105, Oct. 13, 1982, 96 Stat. 1332.)
(D) the plan (or modification) does not comply with a particular
I So in original. Probably should be "section".
provision or provisions of this chapter or of regulations of the Secretary
under this chapter; or
Historical Note
(E) the plan (or modification) does not comply with the criteria
under section 1531(b) of this title for coordinating activities under this
References in Text. This chapter, referred
this Act to the Code, see Short Title note set
chapter with related program activities.
to in subsec. (b)(1)(D), (E), was in the origi-
out under section 1501 of this title and Tables
nal "this Act", meaning Pub.L. 97-300, Oct.
volume.
(2) The Governor shall approve or disapprove a job training plan (or
13, 1982, 96 Stat. 1322, as amended, known
modification) within 30 days after the date that the plan (or modification) is
as the Job Training Partnership Act, which is
Legislative History. For legislative history
submitted, except that if a petition is filed under paragraph (3) such period
classified principally to this chapter (section
and purpose of Pub.L. 97-300, see 1982 U.S.
1501 et seq.). For complete classification of
Code Cong. and Adm.News, p. 2636.
shall be extended to 45 days. Any disapproval by the Governor may be
29
28
29 §
LABOR Ch. 19
Ch. 19 JOB TRAINING PARTNERSHIP
16
Cross References
(4) The Secretary shall prescribe performance standards relating gross
program expenditures to various performance measures.
Establishment of service delivery areas, see section 1511 of this title.
Judicial review, see section 1578 of this title.
(c) Initial performance standards
Modification of plan, see section 1514 of this title.
Within six months after, October 13, 1982, the Secretary shall establish
initial performance standards which are designed to contribute to the
§ 1516. Performance standards
achievement of the performance goals set forth in subsection (b)(1) of this
section, based upon data accumulated under the Comprehensive Employ-
(a) Congressional findings
ment and Training Act, from the National Commission for Employment
The Congress recognizes that job training is an investment in human
Policy, and from other appropriate sources. In the development of the
capital and not an expense. In order to determine whether that investment
initial standards under this subsection, the Secretary shall relate gross
has been productive, the Congress finds that-
program expenditures to the accomplishment of program goals set forth in
subsection (b)(1) of this section.
(1) it is essential that criteria for measuring the return on this
investment be developed; and
(d) Later performance standards; report to Congress; variations for
special populations and report
(2) the basic return on the investment is to be measured by the
increased employment and earnings of participants and the reductions
(1) The Secretary shall, not later than January 31, 1984, prescribe
in welfare dependency.
performance standards for the first program year under this chapter to
measure the results of the participation in the program to achieve the goals
(b) Performance criteria for adult training programs, youth programs; general
set forth in subsection (b)(1) of this section based upon the initial standards
standards; standards relating expenditure to performance
established in subsection (c) of this section.
(1) The basic measure of performance for adult training programs under
(2) The Secretary, not later than six months after the completion of the
subchapter II of this chapter is the increase in employment and earnings
first two program years, shall prepare and submit a report to the Congress
and the reductions in welfare dependency resulting from participation in the
containing the performance standards established under paragraph (1) of
program. In order to determine whether these basic measures are achieved,
this subsection, together with an analysis of the manner in which the
the Secretary shall prescribe standards on the basis of appropriate factors
which may include (A) placement in unsubsidized employment, (B) reten-
performance standards contribute to the achievement of the goals set forth
in subsection (b)(1) of this section, including the relative importance of each
tion in unsubsidized employment, (C) the increase in earnings, including
standard to the accomplishment of such goals.
hourly wages, and (D) reduction in the number of individuals and families
receiving cash welfare payments and the amounts of such payments.
(3) The Secretary shall prescribe variations in performance standards for
special populations to be served, including Native Americans, migrant and
(2) In prescribing standards under this section the Secretary shall also
seasonal farmworkers, and offenders, taking into account their special
designate factors for evaluating the performance of youth programs which,
circumstances.
in addition to appropriate utilization of the factors described in paragraph
(1), shall be (A) attainment of recognized employment competencies recog-
(4)(A) The Secretary may modify the performance standards under this
nized by the private industry council, (B) elementary, secondary, and
subsection not more often than once every two program years and such
postsecondary school completion, or the equivalent thereof, and (C) enroll-
modifications shall not be retroactive.
ment in other training programs or apprenticeships, or enlistment in the
(B) The Secretary shall prepare and submit a report to the Congress
Armed Forces.
containing any modifications established under subparagraph (A), and the
(3) The standards shall include provisions governing-
reasons for such modifications.
(A) the base period prior to program participation that will be used;
(e) Parameters for variations prescribed by Governor
(B) a representative period after termination from the program that
Each Governor may prescribe, within parameters established by the
is a reasonable indicator of postprogram earnings and cash welfare
Secretary, variations in the standards under this subsection based upon
payment reductions; and
specific economic, geographic, and demographic factors in the State and in
(C) cost-effective methods for obtaining such data as is necessary to
service delivery areas with the State, the characteristics of the population to
carry out this section, which, notwithstanding any other provision of
be served, and the type of services to be provided.
law, may include access to earnings records, State employment security
(f) Review of standards by National Commission for Employment Policy
records, Federal Insurance Contributions Act [26 U.S.C.A. § 3101 et
seq.] records, State aid to families with dependent children records,
The National Commission for Employment Policy shall (1) advise the
statistical sampling techniques, and similar records or measures.
Secretary in the development of performance standards under this section
31
30
29 § 15
LABOR Ch. 19
Ch. 19 JOB TRAINING PARTNERSHIP
2
Cross References
for measuring results of participation in job training and in the development
of parameters for variations of such standards referred to in subsection (e) of
Contents of plan, see section 1514 of this title.
this section, (2) evaluate the usefulness of such standards as measures of
Exemption from performance standards, see section 1518 of this title.
Penalties for noncompliance with performance standards in initial program period, see section
desired performance, and (3) evaluate the impacts of such standards (intend-
1591 of this title.
ed or otherwise) on the choice of who is served, what services are provided,
Performance goals regarding Native America programs, see section 1671 of this title.
and the cost of such services in service delivery areas.
Recipient performance goals regarding migrant and seasonal farmworker programs, see section
1672 of this title.
(g) Performance standards
The Secretary shall prescribe performance standards for programs under
subchapter III of this chapter based on placement and retention in unsubsi-
§ 1517. Selection of service providers
dized employment.
(a) Effectiveness in terms of plan primary consideration
(h) Failure to meet performance standards; alternate administrative entities
The primary consideration in selecting agencies or organizations to
(1) The Governor shall provide technical assistance to programs which
deliver services within a service delivery area shall be the effectiveness of the
do not meet performance criteria. If the failure to meet performance
agency or organization in delivering comparable or related services based on
standards persists for a second year, the Governor shall impose a reorgani-
demonstrated performance, in terms of the likelihood of meeting perform-
zation plan. Such plan may restructure the private industry council,
ance goals, cost, quality of training, and characteristics of participants. In
prohibit the use of designated service providers or make such other changes
complying with this subsection, proper consideration shall be given to
as the Governor deems necessary to improve performance. The Governor
community-based organizations as service providers.
may also select an alternate entity to administer the program for the service
(b) No needless duplication of local facilities or services
delivery area.
Funds provided under this chapter shall not be used to duplicate facilities
(2) The alternate administrative entity may be a newly formed private
or services available in the area (with or without reimbursement) from
industry council or any agency jointly selected by the Governor and the
Federal, State, or local sources, unless it is demonstrated that alternative
chief elected official of the largest unit of general local government in the
services or facilities would be more effective or more likely to achieve the
service delivery area.
service delivery area's performance goals.
(3) No change may be made under this subsection without an opportuni-
(c) Opportunity for local educational agencies
ty for a hearing before a hearing officer.
Appropriate education agencies in the service delivery area shall be
(4) The decision of the Governor may be appealed to the Secretary, who
provided the opportunity to provide educational services, unless the admin-
shall make a final decision within 60 days of the receipt of the appeal.
istrative entity demonstrates that alternative agencies or organizations would
be more effective or would have greater potential to enhance the partici-
(Pub.L. 97-300, Title I, § 106, Oct. 13, 1982, 96 Stat. 1333; Pub.L. 97-404, § 1(b),
Dec. 31, 1982, 96 Stat. 2026.)
pants' continued occupational and career growth.
(d) Skills training program to meet private industry council guidelines
Historical Note
The administrative entity shall not fund any occupational skills training
References in Text. The Federal Insur-
tle I, Oct. 13, 1982, 96 Stat. 1357, which is
program unless the level of skills provided in the program are in accordance
ance Contributions Act, referred to in subsec.
classified principally to this chapter.
with guidelines established by the private industry council.
(b)(3)(C), is Act Aug. 16, 1954, c. 736,
This chapter, referred to in subsec. (d)(1),
§§ 3101, 3102, 3111, 3112, 3121 to 3126,
was in the original "this Act", meaning
(Pub.L. 97-300, Title I, § 107, Oct. 13, 1982, 96 Stat. 1335.)
68A Stat. 415, as amended, which is classified
Pub.L. 97-300, Oct. 13, 1982, 96 Stat. 1322,
generally to chapter 21 (section 3101 et seq.)
as amended, known as the Job Training Part-
Historical Note
of Title 26, Internal Revenue Code. For
nership Act, which is classified principally to
References in Text. This chapter, referred
to the Code, see Short Title note set out
complete classification of this Act to the
this chapter (section 1501 et seq.). For com-
to in subsec. (b), was in the original "this
under section 1501 of this title and Tables
Code, see section 3126 of Title 26 and Tables
plete classification of this Act to the Code,
Act", meaning Pub.L. 97-300, Oct. 13, 1982,
volume.
see Short Title note set out under section
96 Stat. 1322, as amended, known as the Job
volume.
1501 of this title and Tables volume.
Training Partnership Act, which is classified
Legislative History. For legislative history
The Comprehensive Employment and
1982 Amendment. Subsec. (d)(3). Pub.L.
principally to this chapter (section 1501 et
and purpose of Pub.L. 97-300, see 1982 U.S.
Training Act, referred to in subsec. (c), is
97-404 substituted "offenders" for "ex-of-
seq.). For complete classification of this Act
Code Cong. and News, p. 2636.
Pub.L. 93-203, Dec. 28, 1973, 87 Stat. 839, as
fenders" following "seasonal farmworkers,
Cross References
amended, which was classified generally to
and".
chapter 17 (§ 801 et seq.) of this title, and
Legislative History. For legislative history
Contents of plan, see section 1514 of this title.
was repealed by section 184(a)(1) of the Job
and purpose of Pub.L. 97-300, see 1982 U.S.
Interim procedures regarding transition provisions, see section 1591 of this title.
Training Partnership Act, Pub.L. 97-300, ti-
Code Cong. and Adm.New, p. 2636.
Plan coordination with State and local services and resources, see section 1531 of this title.
33
32
Ch. 19 JOB TRAINING PARTNERSHIP
8
29 § 15.
LABOR Ch. 19
expenditures are made in accordance with the requirements of this subsec-
§ 1518. Limitation on certain costs
tion.
(a) Limit on funds for administration; definition
(2) Expenditures may be made in excess of the limitation contained in
Not more than 15 percent of the funds available to a service delivery area
subsection (b) of this section in any service delivery area if-
for any fiscal year for programs under part A of subchapter II of this
(A) the private industry council for such area initiates a request for
chapter may be expended for the cost of administration. For purposes of
such excess costs; and
this paragraph, costs of program support (such as counseling) which are
directly related to the provision of education or training and such additional
(B) excess costs are due to one or more of the following conditions in
such area:
costs as may be attributable to the development of training described in
section 1604(28) of this title shall not be counted as part of the cost of
(i) an unemployment rate (in the service delivery area or that
administration.
portion within which services resulting in excess costs are to be
provided) which exceeds the national average unemployment rate
(b) Joint limitation on administrative and work experience
by at least 3 percentage points, and the ratio of current private
expenditures; definitions
employment to population in such area or portion is less than the
(1) Not more than 30 percent of the funds available to a service delivery
national average of such ratio;
area for any fiscal year for programs under part A of subchapter II of this
(ii) the job training plan for such area proposes to serve a
chapter may be expended for administrative costs (as defined under subsec-
disproportionately high number of participants from groups re-
tion (a) of this section) and costs specified in paragraph (2).
quiring exceptional supportive service costs, such as handicapped
(2)(A) For purposes of paragraph (1), the costs specified in this paragraph
individuals, offenders, and single heads of households with depend-
ent children;
are-
(i) 50 percent of any work experience expenditures which meet the
(iii) the cost of providing necessary child care exceeds one-half
requirements of paragraph (3);
of the costs specified in paragraph (2) of subsection (b) of this
(ii) 100 percent of the cost of any work experience program expendi-
section;
tures which do not meet the requirements of paragraph (3);
(iv) the costs of providing necessary transportation exceeds
(iii) supportive services; and
one-third of the costs specified in paragraph (2) of subsection (b)
(iv) needs-based payments described in section 1604(27) of this title.
of this section; or
(v) a substantial portion of the participants in programs in the
(B) For purposes of paragraph (1), the costs specified in this paragraph
service delivery area are in training programs of 9 months' dura-
do not include expenditures for tryout employment which meets the require-
tion or more.
ments of section 1605(d)(3)(B) of this title.
(3) Expenditures may be made in excess of the limitation contained in
(3) For purposes of paragraph (2), a work experience expenditure meets
subsection (b) of this section if the need for and the amount of the excess is
the requirements of this paragraph if
stated in the job training plan (or modification thereof) for the service
(A) the work experience is of not more than 6 months' duration and
delivery area and such plan demonstrates that administrative costs comply
is combined with a classroom or other training program;
with subsection (a) of this section.
(B) an individual participant is prohibited from participating in any
other work experience program following participation in a program
(4) The provisions of this subsection shall not be available to the extent
meeting the requirements of this paragraph;
that supportive services provided under the job training plan duplicate
(C) the classroom or other training program component is specified
services provided by any other public or private source that are available to
in a preemployment contract or meets established academic standards;
participants without cost.
and
(5) The Governor shall not disapprove any plan (or modification thereof)
(D) wages paid in the work experience program do not exceed the
on the basis of any statement of the need for and amount of excess costs in
prevailing entry-level wage for the same occupation in the same labor
the job training plan if such plan or modification meets the requirements of
market area.
this subsection.
(c) Exceptions: private industry council requests for special circumstances;
(d) Limitations Inapplicable
Inclusion in plan; not reviewable by Governor
(1) Notwithstanding subsection (b) of this section, expenditures may be
The provisions of this section do not apply to any service delivery area
made in excess of the limitation contained in such subsection if such
designated pursuant to section 1511(a)(4)(A)(iii) of this title.
35
34
Ch. 19 JOB TRAINING PARTNERSHIP
531
29
LABOR Ch. 19
(e) No exemption from performance standards
(2) The plan shall describe the projected use of resources, including
oversight and support activities, priorities and criteria for State incentive
This section shall not be construed to exempt programs under an
grants, and performance goals for State supported programs.
approved plan from the performance standards established under section
1516 of this title.
(3) The Governor shall report to the Secretary the adjustments made in
(Pub.L. 97-300, Title I, § 108, Oct. 13, 1982, 96 Stat. 1336; Pub.L. 97-404, § 1(c),
the performance standards and the factors that are used in making the
Dec. 31, 1982, 96 Stat. 2026.)
adjustments.
(4) If major changes occur in labor market conditions, funding, or other
Historical Note
factors during the two-year period covered by the plan, the State shall
1982 Amendment. Subsec. (b)(2)(A)(iv).
Legislative History. For legislative history
submit a modification to the Secretary describing these changes.
Pub.L. 97-404 substituted "payments" for
and purpose of Pub.L. 97-300, see 1982 U.S.
"projects" following "needs-based".
Code Cong. and Adm. News, p. 2636.
(c) Governor's coordination and special services activities
Cross References
Governor's coordination and special services activities may include-
Contents of plan, see section 1514 of this title.
(1) making available to service delivery areas, with or without
reimbursement and upon request, appropriate information and techni-
cal assistance to assist in developing and implementing plans and
PART B-ADDITIONAL STATE RESPONSIBILITIES
programs;
Cross References
(2) carrying out special model training and employment programs
Public service employment exclusion under this part, see section 1551 of this title.
and related services (including programs receiving financial assistance
from private sources);
(3) providing programs and related services for offenders and other
§ 1531. Governor's coordination and special services plan
individuals whom the Governor determines require special assistance;
(a) Annual planning report; two-year coordination and special services plan
(4) providing financial assistance for special programs and services
financial assistance requirement
designed to meet the needs of rural areas outside major labor market
areas;
(1) The Governor shall annually prepare a statement of goals and
objectives for job training and placement programs within the State to assist
(5) providing training opportunities in the conservation and efficient
in the preparation of the plans required under section 1514 of this title and
use of energy, and the development of solar energy sources as defined
section 8 of the Act of June 6, 1933 (known as the Wagner-Peyser Act) [29
in section 3 of the Solar Energy Research, Development and Demon-
stration Act of 1974 [42 U.S.C.A. § 5552];
U.S.C.A. § 49g].
(6) industry-wide training;
(2) Any State seeking financial assistance under this chapter shall submit
(7) activities under subchapter III of this chapter;
a Governor's coordination and special services plan for two program years
to the Secretary describing the use of all resources provided to the State and
(8) developing and providing to service delivery areas information on
its service delivery areas under this chapter and evaluating the experience
a State and local area basis regarding economic, industrial, and labor
market conditions;
over the preceding two years.
(9) providing preservice and inservice training for planning, manage-
(b) Plan coordination with State and local services and resources; State goals
ment, and delivery staffs of administrative entities and private industry
and criteria; reports of modifications to Secretary
councils, as well as contractors for State supported programs; and
(1) The plan shall establish criteria for coordinating activities under this
(10) providing statewide programs which provide for joint funding of
chapter (including subchapter III of this chapter) with programs and
activities under this chapter with services and activities under other
services provided by State and local education and training agencies (includ-
Federal, State, or local employment-related programs.
ing vocational education agencies), public assistance agencies, the employ-
(d) Approval by Secretary
ment service, rehabilitation agencies, postsecondary institutions, economic
development agencies, and such other agencies as the Governor determines
A Governor's coordination and special services plan shall be approved by
to have a direct interest in employment and training and human resource
the Secretary unless the Secretary determines that the plan does not comply
utilization within the State. Such criteria shall not affect local discretion
with specific provisions of this chapter.
concerning the selection of eligible participants or service providers in
accordance with the provisions of sections 1517 and 1603 of this title.
(Pub.L. 97-300, Title I, § 121, Oct. 13, 1982, 96 Stat. 1337.)
37
36
29 §
LABOR Ch. 19
Ch. 19 JOB TRAINING PARTNERSHIP
32
Historical Note
entities or grantees under this chapter) which shall be nominated by the
References in Text. This chapter, referred
plete classification of this Act to the Code,
chief elected officials of the units or consortia of units of general local
to in subsecs. (a)(2), (b)(1), (c)(10), and (d),
see Short Title note set out under section
government; and
was in the original "this Act", meaning
1501 of this title and Tables volume.
(D) Not less than 20 percent of the membership of the State council
Pub.L. 97-300, Oct. 13, 1982, 96 Stat. 1322,
as amended, known as the Job Training Part-
Legislative History. For legislative history
shall be representatives of the eligible population and of the general
nership Act, which is classified principally to
and purpose of Pub.L. 97-300, see 1982 U.S.
public, representatives of organized labor, representatives of communi-
this chapter (section 1501 et seq.). For com-
Code Cong. and Adm. News, p. 2636.
ty-based organizations, and representatives of local educational agencies
(nominated by local educational agencies).
Cross References
(4) The State council shall meet at such times and in such places as it
Allocation of State allotment for adult and youth programs, see section 1602 of this title.
Alternative availability to Governor regarding State education coordination, see section 1533 of
deems necessary. The meetings shall be publicly announced, and, to the
this title.
extent appropriate, open and accessible to the general public.
Approval of plan by Governor, see section 1515 of this title.
Coordination of State plans regarding adult and youth programs for training services for
(5) The State council is authorized to obtain the services of such profes-
disadvantaged, see section 1658 of this title.
sional, technical, and clerical personnel as may be necessary to carry out its
functions under this chapter.
(6) In order to assure objective management and oversight, the State
§ 1532. State job training coordinating council
council shall not operate programs or provide services directly to eligible
(a) Requirement; appointments; composition; meetings; support personnel;
participants, but shall exist solely to plan, coordinate, and monitor the
limitations; approval by Governor; State Employment and Training and
provision of such programs and services.
State Manpower Services Councils
(1) Any State which desires to receive financial assistance under this
(7) The plans and decisions of the State council shall be subject to
chapter shall establish a State job training coordinating council (hereinafter
approval by the Governor.
in this section referred to as the "State council"). Funding for the council
(b) Duties
shall be provided pursuant to section 1602(b)(4) of this title.
The State council shall-
(2) The State council shall be appointed by the Governor, who shall
designate one nongovernmental member thereof to be chairperson. In
(1) recommend a Governor's coordination and special services plan;
making appointments to the State council, the Governor shall ensure that
(2) recommend to the Governor substate service delivery areas, plan
the membership of the State council reasonably represents the population of
resource allocations not subject to section 1602(a) of this title, provide
the State.
management guidance and review for all programs in the State, develop
(3) The State council shall be composed as follows:
appropriate linkages with other programs, coordinate activities with
private industry councils, and develop the Governor's coordination and
(A) One-third of the membership of the State council shall be
special services plan and recommend variations in performance stan-
representatives of business and industry (including agriculture, where
dards;
appropriate) in the State, including individuals who are representatives
of business and industry on private industry councils in the State.
(3) advise the Governor and local entities on job training plans and
certify the consistency of such plans with criteria under the Governor's
(B) Not less than 20 percent of the membership of the State council
coordination and special services plan for coordination of activities
shall be representatives of the State legislature and State agencies and
under this chapter with other Federal, State, and local employment-re-
organizations, such as the State educational agency, the State vocation-
lated programs, including programs operated in designated enterprise
al education board, the State advisory council on vocational education,
zones;
the State board of education (when not otherwise represented), State
public assistance agencies, the State employment security agency, the
(4) review the operation of programs conducted in each service
State rehabilitation agency, the State occupational information coordi-
delivery area, and the availability, responsiveness, and adequacy of
nating committee, State postsecondary institutions, the State economic
State services, and make recommendations to the Governor, appropri-
development agency, State veterans' affairs agencies or equivalent, and
ate chief elected officials, and private industry councils, service provid-
such other agencies as the Governor determines to have a direct
ers, the State legislature, and the general public with respect to ways to
interest in employment and training and human resource utilization
improve the effectiveness of such programs or services;
(5) review and comment on the State plan developed for the State
within the State.
(C) Not less than 20 percent of the membership of the State council
employment service agency;
shall be representatives of the units or consortia of units of general local
(6) make an annual report to the Governor which shall be a public
government in such State (including those which are administrative
document, and issue such other studies, reports, or documents as it
39
38
29 §
LABOR Ch. 19
Ch. 19 JOB TRAINING PARTNERSHIP
33
except as otherwise provided, see section 2 of
Code Cong. and Adm. News, p. 2636. See,
deems advisable to assist service delivery areas in carrying out the
Pub.L. 98-524, set out as a note under sec-
also, Pub.L. 98-524, 1984 U.S. Code Cong.
purposes of this chapter;
tion 2301 of Title 20, Education.
and Adm. News, p. 4097.
(7)(A) identify, in coordination with the appropriate State agencies,
Legislative History. For legislative history
the employment and training and vocational education needs through-
and purpose of Pub.L. 97-300, see 1982 U.S.
out the State, and assess the extent to which employment and training,
Cross References
vocational education, rehabilitation services, public assistance, econom-
ic development, and other Federal, State, and local programs and
Functions of State advisory council carried out through State job training coordinating council,
services represent a consistent, integrated, and coordinated approach to
see section 49j of this title.
Percentage of allotment of each State for adult and youth programs available for carrying out
meeting such needs; and
provisions of this section, see section 1602 of this title.
(B) comment at least once annually on the the¹ measures taken
pursuant to section 113(b)(9) of the Carl D. Perkins Vocational Edu-
cation Act [20 U.S.C.A. § 2323(b)(9)]; and
§ 1533. State education coordination and grants
(8) review plans of all State agencies providing employment, training,
(a) Financial assistance to State education agency for services
and related services, and provide comments and recommendations to
through cooperative agreements
the Governor, the State legislature, the State agencies, and the appro-
priate Federal agencies on the relevancy and effectiveness of employ-
The sums available for this section pursuant to section 1602(b)(1) of this
ment and training and related service delivery systems in the State.
title shall be used by the Governor to provide financial assistance to any
State education agency responsible for education and training-
(c) Transferability of functions
(1) to provide services for eligible participants through cooperative
In addition to the functions described in subsection (b) of this section, the
agreements between such State education agency or agencies, adminis-
Governor may, to the extent permitted by applicable law, transfer functions
trative entities in service delivery areas in the State, and (where
which are related to functions under this chapter to the council established
appropriate) local educational agencies; and
under this section from any State coordinating committee for the work
(2) to facilitate coordination of education and training services for
incentive program under title IV of the Social Security Act [42 U.S.C.A.
eligible participants through such cooperative agreements.
§ 601 et seq.] or any advisory council established under the Wagner-Peyser
Act [29 U.S.C.A. § 49 et seq.].
(b) Matching contributions for cooperative agreements
(Pub.L. 97-300, Title I, § 122, Oct. 13, 1982, 96 Stat. 1339; Pub.L. 97-404, § 1(d),
The cooperative agreements described in subsection (a) of this section
Dec. 31, 1982, 96 Stat. 2026; Pub.L. 98-524, § 4(a)(2), Oct. 19, 1984, 98 Stat.
shall provide for the contribution by the State agency or agencies, and the
2487.)
local educational agency (if any), of a total amount equal to the amount
1 So in original.
provided, pursuant to subsection (a)(1) of this section, in the grant subject to
such agreement. Such matching amount shall not be provided from funds
Historical Note
available under this chapter, but may include the direct cost of employment
References in Text. This chapter, referred
ly to chapter 4B (section 49 et seq.) of this
or training services provided by State or local programs.
to in subsecs. (a)(1), (3)(C), (5)(b)(3), (6), and
title. For complete classification of this Act
(c), was in the original "this Act", meaning
to the Code, see Short Title note set out
(c) Required proportions of contribution use
Pub.L. 97-300, Oct. 13, 1982, 96 Stat. 1322,
under section 49 of this title and Tables
volume.
(1) Funds available under this section may be used to provide education
as amended, known as the Job Training Part-
nership Act, which is classified principally to
1984 Amendment. Subsec. (a)(8). Pub.L.
and training, including vocational education services, and related services to
this chapter (section 1501 et seq.). For com-
98-524, § 4(a)(2)(A), struck out par. (8)
participants under subchapter II of this chapter. Such services may include
plete classification of this Act to the Code,
which defined a State council under the voca-
services for offenders and other individuals whom the Governor determines
see Short Title note set out under section
tional education provisions of Title 20.
1501 of this title and Tables volume.
98-524,
require special assistance.
Subsec. (b)(7)(B). Pub.L.
The Social Security Act, referred to in
§ 4(a)(2)(B), substituted "the measures taken
(2)(A) Not more than 20 percent of the funds available under this section
subsec. (c), is Act Aug. 14, 1935, c. 531, 49
pursuant to section 113(b)(9) of the Carl. D.
Stat. 620, as amended. Title IV of such Act
Perkins Vocational Education Act" for "re-
may be spent for activities described in clause (2) of subsection (a) of this
is classified generally to subchapter IV (sec-
ports required pursuant to section 105(d)(3)
section.
tion 601 et seq.) of chapter 7 of Title 42, The
of the Vocational Education Act of 1962".
Public Health and Welfare. For complete
1982 Amendment. Subsec. (a)(3)(C).
(B) At least 80 percent of the funds available under this section shall be
classification of this Act to the Code, see
Pub.L. 97-404 substituted "elected officials"
used for clause (1) of subsection (a) of this section for the Federal share of
section 1305 of Title 42 and Tables volume.
for "executive officers" following "chief".
the cost of carrying out activities described in clause (1). For the purpose
The Wagner-Peyser Act, referred to in sub-
Effective Date of 1984 Amendment.
of this subparagraph, the Federal share shall be the amount provided for in
sec. (c), is Act June 6, 1933, c. 49, 48 Stat.
Amendments by Pub.L. 98-524 effective for
fiscal years beginning on or after Oct. 1, 1984,
the cooperative agreements in subsection (b) of this section.
113, as amended, which is classified principal-
29 U.S.C.A. §§ 1501 to End-3
41
40
29 §
LABOR Ch. 19
Ch. 19 JOB TRAINING PARTNERSHIP
1535
(3) Not less than 75 percent of the funds available for activities under
Historical Note
clause (1) of subsection (a) of this section shall be expended for activities for
Legislative History. For legislative history
economically disadvantaged individuals.
and purpose of Pub.L. 97-300, see 1982 U.S.
Code Cong. and Adm. News, p. 2636.
(d) Alternative availability to Governor
Cross References
If no cooperative agreement is reached on the use of funds under this
section, the funds shall be available to the Governor for use in accordance
Allocation of State allotment for adult and youth programs for training programs for older
individuals, see section 1602 of this title.
with section 1531 of this title.
(Pub.L. 97-300, Title I, § 123, Oct. 13, 1982, 96 Stat. 1341.)
§ 1535. State labor market information programs
Historical Note
(a) Oversight unit requirement; design of information and distribution system
References in Text. This chapter, referred
to the Code, see Short Title note set out
under section 1501 of this title and Tables
In order to be eligible for Federal financial assistance for State labor
to in subsec. (b), was in the original "this
Act", meaning Pub.L. 97-300, Oct. 13, 1982,
volume.
market information programs under this chapter from funds made available
96 Stat. 1322, as amended, known as the Job
under section 1602(b)(4) of this title and section 1751(b) of this title, the
Training Partnership Act, which is classified
Legislative History. For legislative history
principally to this chapter (section 1501 et
and purpose of Pub.L. 97-300, see 1982 U.S.
Governor shall designate the State occupational information coordinating
seq.). For complete classification of this Act
Code Cong. and Adm.News, p. 2636.
committee or other organizational unit to be responsible for oversight and
management of a statewide comprehensive labor market and occupational
Cross References
supply and demand information system, which shall-
Allocation for State education programs, see section 1602 of this title.
(1) design a comprehensive cost-efficient labor market and occupa-
tional supply and demand information system which-
(A) is responsive to the economic demand and education and
§ 1534. Training programs for older individuals
training supply support needs of the State and areas within the
State, and
(a) Authorization to Governor
(B) meets the Federal standards under chapter 35 of Title 44
From funds available for use under section 1602(b)(2) of this title, the
and other appropriate Federal standards established by the Bureau
Governor is authorized to provide for job training programs which are
of Labor Statistics;
developed in conjunction with service delivery areas within the State and
(2) standardize available Federal and State multi-agency administra-
which are consistent with the plan for the service delivery area prepared and
tive records and direct survey data sources to produce an employment
submitted in accordance with the provisions in section 1514 of this title, and
and economic analysis with a published set of projections for the State
designed to assure the training and placement of older individuals in
and designated areas within the State which, at the minimum, in-
employment opportunities with private business concerns.
cludes—
(b) Consultations and agreements with Governor
(A) identification of geographic and occupational areas of poten-
tial growth or decline; and
In carrying out this section, the Governor shall, after consultation with
appropriate private industry councils and chief elected officials, enter into
(B) an assessment of the potential impact of such growth or
agreements with public agencies, nonprofit private organizations, and pri-
decline on individuals, industries, and communities, including
occupational supply and demand characteristics data;
vate business concerns.
(3) assure, to the extent feasible, that-
(c) Growth industry and new technology skill programs
(A) automated technology will be used by the State;
The Governor shall give consideration to assisting programs involving
(B) administrative records have been designed to reduce paper-
training for jobs in growth industries and jobs reflecting the use of new
work; and
technological skills.
(C) multiple survey burdens on the employers of the State have
been reduced;
(d) Age and economic eligibility
(4) publish and disseminate labor market and occupational supply
An individual shall be eligible to participate in a job training program
and demand information and individualized career information to State
under this section only if the individual is economically disadvantaged and
agencies, area public agencies, libraries, and private not-for-profit users,
has attained 55 years of age.
and individuals who are in the process of making career decision
(Pub.L. 97-300, Title I, § 124, Oct. 13, 1982, 96 Stat. 1341.)
choices; and
43
42
29 §
LABOR Ch. 19
Ch. 19 JOB TRAINING PARTNERSHIP
537
(5) conduct research and demonstration projects designed to improve
of Title 20, Education. For complete classifi-
1982 Amendment. Subsec. (c). Pub.L.
any aspect of the statewide information system.
cation of this Act to the Code, see Short Title
97-404 substituted "section" for "subsection"
note set out under section 2301 of Title 20
following "of this chapter for this".
(b) Goals of system; nonduplication; public domain
and Tables volume.
Effective Date of 1984 Amendment.
The Wagner-Peyser Act, referred to in sub-
(1) The analysis required under clause (2) of subsection (a) of this section
sec. (b)(1), is Act June 6, 1933, c. 49, 48 Stat.
Amendment by Pub.L. 98-524 effective for
shall be used to contribute in carrying out the provisions of this chapter, the
113, as amended, which is classified principal-
fiscal years beginning on or after Oct. 1, 1984,
Carl D. Perkins Vocational Education Act [20 U.S.C.A. $ 2301 et seq.], and
ly to chapter 4B (section 49 et seq.) of this
except as otherwise provided, see section 2 of
title. For complete classification of this Act
Pub.L. 98-524, set out as a note under sec-
the Act of June 6, 1933, known as the Wagner-Peyser Act [29 U.S.C.A.
to the Code, see Short Title note set out
tion 2301 of Title 20, Education.
§ 49 et seq.].
under section 49 of this title and Tables
volume.
Legislative History. For legislative history
(2) The assurance required by clause (3) of subsection (a) of this section
1984 Amendment. Subsec. (b)(1). Pub.L.
and purpose of Pub.L. 97-300, see 1982 U.S.
shall also include that the State will, to the maximum extent possible, assure
98-524, substituted "the Carl D. Perkins Vo-
Code Cong. and Adm. News, p. 2636. See,
consolidation of available administrative data and surveys to reduce duplica-
cational Education Act" for "The Vocational
also, Pub.L. 98-524, 1984 U.S. Code Cong.
tion of recordkeeping of State and local agencies, including secondary and
Education Act".
and Adm. News, p. 4097.
postsecondary educational institutions.
Cross References
(3) If any Federal funds are used to carry out clause (5) of subsection (a)
Aid for State labor and occupational opportunity information systems, see section 1753 of this
of this section, access to and information on the results will remain in the
title.
public domain.
Availability of funds for State labor market information, see section 1751 of this title.
Support for State occupational information coordinating committees, see section 1754 of this
(c) Reimbursement and limitation
title.
The Secretary through the National Occupational Information Coordinat-
ing Committee shall reimburse the States the costs of carrying out the
provisions of this section but the aggregate reimbursements in any fiscal
§ 1536. Authority of State legislature
year shall not exceed the amount available under part E of subchapter IV of
Nothing in this chapter shall be interpreted to preclude the enactment of
this chapter for this section.
State legislation providing for the implementation, consistent with the
(d) State consolidation of Federal administrative management
provisions of this chapter, of the programs assisted under this chapter.
Information reporting requirements
(Pub.L. 97-300, Title I, § 126, Oct. 13, 1982, 96 Stat. 1343.)
No provision of this part or any other provision of Federal law shall be
Historical Note
construed to prohibit any State from combining or consolidating Federal
administrative management information reporting requirements relating to
References in Text. This chapter, referred
to the Code, see Short Title note set out
to in text, was in the original "this Act",
under section 1501 of this title and Tables
employment, productivity, or training, if notice is transmitted by the
meaning Pub.L. 97-300, Oct. 13, 1982, 96
volume.
Governor to the head of each appropriate Federal and State agency
Stat. 1322, as amended, known as the Job
responsible for the laws governing the Federal reporting requirements. The
Training Partnership Act, which is classified
Legislative History. For legislative history
notice shall specify the intent to combine or consolidate such requirements.
principally to this chapter (section 1501 et
and purpose of Pub.L. 97-300, see 1982, U.S.
seq.). For complete classification of this Act
Code Cong. and Adm. News, p. 2636.
The head of each appropriate Federal agency shall approve the combination
or consolidation unless, within sixty days after receiving the notice, the
Federal agency can demonstrate that the combination or consolidation will
not meet the essential purposes of the affected Federal law.
§ 1537. Interstate agreements
(Pub.L. 97-300, Title I, § 125, Oct. 13, 1982, 96 Stat. 1342; Pub.L. 97-404, § 1(e),
In the event that compliance with provisions of this chapter would be
Dec. 31, 1982, 96 Stat. 2026; Pub.L. 98-524, § 4(a)(3), Oct. 19, 1984, 98 Stat.
enhanced by cooperative agreements between States, the consent of Con-
2487.)
gress is hereby given to such States to enter into such compacts and
agreements to facilitate such compliance, subject to the approval of the
Historical Note
Secretary.
References in Text. This chapter, referred
note set out under section 1501 of this title
(Pub.L. 97-300, Title I, § 127, Oct. 13, 1982, 96 Stat. 1343.)
to in subsecs. (a) and (b)(1), was in the
and Tables volume.
original "this Act", meaning Pub.L. 97-300,
The Carl D. Perkins Vocational Education
Historical Note
Oct. 13, 1982, 96 Stat. 1322, as amended,
known as the Job Training Partnership Act,
Act, referred to in subsec. (b)(1), is Pub.L.
References in Text. This chapter, referred
Training Partnership Act, which is classified
which is classified principally to this chapter
88-210, as added Pub.L. 98-524, § 1, Oct.
to in text, was in the original "this Act",
principally to this chapter (section 1501 et
(section 1501 et seq.). For complete classifi-
19, 1984, 98 Stat. 2435, which is classified
meaning Pub.L. 97-300, Oct. 13, 1982, 96
seq.). For complete classification of this Act
cation of this Act to the Code, see Short Title
generally to chapter 44 (section 2301 et seq.)
Stat. 1322, as amended, known as the Job
to the Code, see Short Title note set out
44
45
29
LABOR Ch. 19
Ch. 19 JOB TRAINING PARTNERSHIP
551
under section 1501 of this title and Tables
Legislative History. For legislative history
(f) Council member conflict of Interest
volume.
and purpose of Pub.L. 97-300, see 1982 U.S.
Code Cong. and Adm. News, p. 2636.
No member of any council under this chapter shall cast a vote on the
provision of services by that member (or any organization which that
member directly represents) or vote on any matter which would provide
PART C-PROGRAM REQUIREMENTS FOR SERVICE DELIVERY SYSTEM
direct financial benefit to that member.
§ 1551. General program requirements
(g) Payments to employers: proportion and characterization
Except as otherwise provided, the following conditions are applicable to
Payments to employers for on-the-job training shall not, during the period
all programs under this chapter:
of such training, average more than 50 percent of the wages paid by the
employer to such participants, and payments in such amount shall be
(a) Useful, needed, and equitable opportunity distribution
deemed to be in compensation for the extraordinary costs associated with
Each job training plan shall provide employment and training opportuni-
training participants under this chapter and in compensation for the costs
ties to those who can benefit from, and who are most in need of, such
associated with the lower productivity of such participants.
opportunities and shall make efforts to provide equitable services among
substantial segments of the eligible population.
(h) No needless duplication of governmental facilities or services
Funds provided under this chapter shall not be used to duplicate facilities
(b) No duplication of services
or services available in the area (with or without reimbursement) from
Funds provided under this chapter shall only be used for activities which
Federal, State, or local sources, unless the plan establishes that alternative
are in addition to those which would otherwise be available in the area in
services or facilities would be more effective or more likely to achieve
the absence of such funds.
performance goals.
(c) Establishment relocation limitation
(i) Responsibility of administrative entity for oversight
No funds may be used to assist in relocating establishments, or parts
Each administrative entity shall be responsible for the allocation of funds
thereof, from one area to another unless the Secretary determines that such
and the eligibility of those enrolled in its programs and shall have responsi-
relocation will not result in an increase in unemployment in the area of
bility to take action against its subcontractors, subgrantees, and other
original location or in any other area.
recipients to eliminate abuses in the programs they are carrying out, and to
prevent any misuse of funds by such subcontractors, subgrantees, and other
(d) Employment opportunity-directed training; competitive
purchases of training packages
recipients. Administrative entities may delegate the responsibility for deter-
mination of eligibility under reasonable safeguards, including provisions for
(1) Training provided with funds made available under this chapter shall
reimbursement of cost incurred because of erroneous determinations made
be only for occupations for which there is a demand in the area served or in
with insufficient care, if such an arrangement is included in an approved job
another area to which the participant is willing to relocate, and considera-
training plan.
tion in the selection of training programs may be given to training in
occupations determined to be in sectors of the economy which have a high
(j) Free training program placement requirement
potential for sustained demand or growth.
No person or organization may charge an individual a fee for the
(2) Efforts shall be made to develop programs which contribute to
placement or referral of such individual in or to a training program under
occupational development, upward mobility, development of new careers,
this chapter.
and overcoming sex-stereotyping in occupations traditional for the other sex.
(k) Requirements for subsidized youth employment
(3) Commercially available training packages, including advanced learn-
ing technology, may be purchased for off-the-shelf prices and without
No funds may be provided under this chapter for any subsidized employ-
requiring a breakdown of the cost components of the package if such
ment with any private for-profit employer unless the individual employed is
packages are purchased competitively and include performance criteria.
a youth aged 16 to 21, inclusive, who is economically disadvantaged and the
employment is provided in accordance with section 1605(d)(3)(B) of this
(e) Area eligibility; limited exceptions
title.
Only eligible individuals residing in the service delivery area may be
(1) Political activity exclusion
served by employment and training activities funded under subchapter II of
this chapter, except that the job training plan may provide for limited
The Secretary shall not provide financial assistance for any program
exceptions to this requirement.
under this chapter which involves political activities.
46
47
29 § 1.
LABOR Ch. 19
Ch. 19 JOB TRAINING PARTNERSHIP
53
(m) Use of program generated income to continue program
§ 1552. Benefits
Pursuant to regulations of the Secretary, income generated under any
(a) Payments; compensation; wages
program may be retained by the recipient to continue to carry out the
Except as otherwise provided in this chapter, the following provisions
program, notwithstanding the expiration of financial assistance for that
shall apply to all activities financed under this chapter:
program.
(1) A trainee shall receive no payments for training activities in
(n) Notification of service delivery area activity
which the trainee fails to participate without good cause.
The Secretary shall notify the Governor and the appropriate private
(2) Individuals in on-the-job training shall be compensated by the
industry councils and chief elected officials of, and consult with the
employer at the same rates, including periodic increases, as similarly
Governor and such councils and officials concerning, any activity to be
situated employees or trainees and in accordance with applicable law,
funded by the Secretary under this chapter within the State or service
but in no event less than the higher of the rate specified in section
delivery area; and the Governor shall notify the appropriate private indus-
6(a)(1) of the Fair Labor Standards Act of 1938 [29 U.S.C.A.
try councils and chief elected officials of, and consult with such concerning,
§ 206(a)(1)] or the applicable State or local minimum wage law.
any activity to be funded by the Governor under this chapter within the
(3) Individuals employed in activities authorized under this chapter
service delivery area.
shall be paid wages which shall not be less than the highest of (A) the
minimum wage under section 6(a)(1) of the Fair Labor Standards Act
(o) State and local education standards applicable
of 1938 [29 U.S.C.A. § 206(a)(1)], (B) the minimum wage under the
(1) All education programs for youth supported with funds provided
applicable State or local minimum wage law, or (C) the prevailing rates
under subchapter II of this chapter shall be consistent with applicable State
of pay for individuals employed in similar occupations by the same
and local educational standards.
employer.
(2) Standards and procedures with respect to the awarding of academic
(b) Allowances, earnings, and payments as income
credit and certifying educational attainment in programs conducted under
Allowances, earnings and payments to individuals participating in pro-
subchapter II of this chapter shall be consistent with the requirements of
grams under this chapter shall not be considered as income for the purposes
applicable State and local law and regulation.
of determining eligibility for and the amount of income transfer and in-kind
aid furnished under any Federal or federally assisted program based on
(p) Public service employment exclusion
need, other than programs under the Social Security Act [42 U.S.C.A.
No funds available under part B of this subchapter or part A of
§ 301 et seq.].
subchapter II of this chapter may be used for public service employment.
(Pub.L. 97-300, Title I, § 142, Oct. 13, 1982, 96 Stat. 1345; Pub.L. 97-404, § 1(g),
(Pub.L. 97-300, Title I, § 141, Oct. 13, 1982, 96 Stat. 1343; Pub.L. 97-404, § 1(f),
Dec. 31, 1982, 96 Stat. 2026.)
Dec. 31, 1982, 96 Stat. 2026.)
Historical Note
References in Text. This chapter, referred
generally to chapter 7 (section 301 et seq.) of
Historical Note
to in text, was in the original "this Act",
Title 42, The Public Health and Welfare.
meaning Pub.L. 97-300, Oct. 13, 1982, 96
For complete classification of this Act to the
References in Text. This chapter, referred
Job Training Regulation. Pub.L. 98-524,
Stat. 1322, as amended, known as the Job
Code, see section 1305 of Title 42 and Tables
to in provision preceding subsec. (a) and in
§ 7, Oct. 19, 1984, 98 Stat. 2491 provided
Training Partnership Act, which is classified
volume.
subsecs. (b), (d)(1), (f), (g), (h), (j), (k), (1),
that:
"Notwithstanding
section
principally to this chapter (section 1501 et
1982 Amendment. Subsec. (b). Pub.L.
and (n), was in the original "this Act", mean-
629.38(e)(2)(iii) of title 20 of the Code of
seq.). For complete classification of this Act
97-404 added "furnished under any Federal
ing Pub.L. 97-300, Oct. 13, 1982, 96 Stat.
Federal Regulations, relating to allowable
to the Code, see Short Title note set out
under section 1501 of this title and Tables
or federally assisted program based on need"
1322, as amended, known as the Job Training
training costs under the Job Training Partner-
volume.
following "aid".
Partnership Act, which is classified principal-
ship Act [this chapter], payment for training
packages purchased competitively pursuant to
The Social Security Act, referred to in
Legislative History. For legislative history
ly to this chapter (section 1501 et seq.). For
complete classification of this Act to the
section 141(d)(3) of such Act [subsec. (d)(3)
subsec. (b), is Act Aug. 14, 1935, c. 531, 49
and purpose of Pub.L. 97-300, see 1982 U.S.
Stat. 620, as amended, which is classified
Code Cong. and Adm.News, p. 2636.
Code, see Short Title note set out under
of this section] in the case of youth shall
section 1501 of this title and Tables volume.
include payment for the full unit price if the
1982 Amendment. Subsec. (c). Pub.L.
training results in either placement in unsub-
97-404, § 1(f)(1), added "the Secretary deter-
sidized employment or the attainment of an
§ 1553. Labor standards
mines that" following "unless".
outcome specified in section 106(b)(2) of such
(a) Employment conditions; local standards; workers' compensation; workplace
Act [section 1516(b)(2) of this title].
comparability; retirement plan exclusion
Subsec. (g). Pub.L. 97-404, § 1(f)(2),
struck out "which" following "on-the-job
Legislative History. For legislative history
(1) Conditions of employment and training shall be appropriate and
and purpose of Pub.L. 97-300, see 1982 U.S.
reasonable in light of such factors as the type of work, geographical region,
training" and substituted reference to this
chapter for reference to this subchapter.
Code Cong. and Adm.News, p. 2636.
and proficiency of the participant.
49
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Ch. 19 JOB TRAINING PARTNERSHIP
554
(2) Health and safety standards established under State and Federal law,
(d) Applicability of Federal labor standards
otherwise applicable to working conditions of employees, shall be equally
All laborers and mechanics employed by contractors or subcontractors in
applicable to working conditions of participants. With respect to any
any construction, alteration, or repair, including painting and decorating, of
participant in a program conducted under this chapter who is engaged in
projects, buildings, and works which are federally assisted under this
activities which are not covered by health and safety standards under the
chapter, shall be paid wages at rates not less than those prevailing on similar
Occupational Safety and Health Act of 1970 [29 U.S.C.A. § 651 et seq.],
construction in the locality as determined by the Secretary in accordance
the Secretary shall prescribe, by regulation, such standards as may be
with the Act of March 3, 1931 (40 U.S.C. 276a-276a-5), popularly known
necessary to protect the health and safety of such participants.
as the Davis-Bacon Act. The Secretary shall have, with respect to such
(3) To the extent that a State workers' compensation law is applicable,
labor standards, the authority and functions set forth in Reorganization
workers' compensation benefits in accordance with such law shall be
Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 276c
available with respect to injuries suffered by participants. To the extent
of Title 40. The provisions of this subsection shall not apply to a bona fide
that such law is not applicable, each recipient of funds under this chapter
trainee in a training program under this chapter. The provisions of section
shall secure insurance coverage for injuries suffered by such participants, in
1577(a)(4) of this title shall apply to such trainees.
accordance with regulations prescribed by the Secretary.
(Pub.L. 97-300, Title I, § 143, Oct. 13, 1982, 96 Stat. 1345; Pub.L. 97-404, § 1(h),
(4) All individuals employed in subsidized jobs shall be provided benefits
Dec. 31, 1982, 96 Stat. 2026.).
and working conditions at the same level and to the same extent as other
Historical Note
employees working a similar length of time and doing the same type of
References in Text. This chapter, referred
The Act of March 3, 1931, known as the
work.
to in subsecs. (a)(2), (3), (5), (b)(2), (3), (c),
Davis-Bacon Act, referred to in subsec. (d), is
(5) No funds available under this chapter may be used for contributions
and (d), was in the original "this Act", mean-
Act Mar. 3, 1931, c. 411, 46 Stat. 1494, as
ing Pub.L. 97-300, Oct. 13, 1982, 96 Stat.
amended, which is classified generally to sec-
on behalf of any participant to retirement systems or plans.
tions 276a to 276a-5 of Title 40, Public
1322, as amended, known as the Job Training
(b) Nondisplacement of local workers; existing collective bargaining agreements;
Partnership Act, which is classified principal-
Buildings, Property, and Works. For com-
nonavallability for layoff replacement; noninfringement of promotion opportunity
plete classification of this Act to the Code,
ly to this chapter (section 1501 et seq.). For
see Short Title note set out under section
(1) No currently employed worker shall be displaced by any participant
complete classification of this Act to the
276a of Title 40 and Tables volume.
(including partial displacement such as a reduction in the hours of nonover-
Code, see Short Title note set out under
Reorganization Plan Numbered 14 of 1950,
section 1501 of this title and Tables volume.
time work, wages, or employment benefits).
referred to in subsec. (d), is set out in the
The Occupational Safety and Health Act of
Appendix to Title 5, Government Organiza-
(2) No program shall impair existing contracts for services or collective
1970, referred to in subsec. (a)(2), is Pub.L.
tion and Employees.
bargaining agreements, except that no program under this chapter which
91-596, Dec. 29, 1970, 84 Stat. 1590, as
1982 Amendment. Subsec. (d). Pub.L.
would be inconsistent with the terms of a collective bargaining agreement
amended, which is classified principally to
97-404 substituted "1931" for "1921" follow-
shall be undertaken without the written concurrence of the labor organiza-
chapter 15 (section 651 et seq.) of this title.
ing "Act of March 3".
For complete classification of this Act to the
Legislative History. For legislative history
tion and employer concerned.
Code, see Short Title note set out under
and purpose of Pub.L. 97-300, see 1982 U.S.
(3) No participant shall be employed or job opening filled (A) when any
section 651 of this title and Tables volume.
Code Cong. and Adm. News, p. 2636.
other individual is on layoff from the same or any substantially equivalent
job, or (B) when the employer has terminated the employment of any
regular employee or otherwise reduced its workforce with the intention of
§ 1554. Grievance procedure
filling the vacancy so created by hiring a participant whose wages are
(a) Maintenance and timing
subsidized under this chapter.
Each administrative entity, contractor, and grantee under this chapter
(4) No jobs shall be created in a promotional line that will infringe in any
shall establish and maintain a grievance procedure for grievances or com-
way upon the promotional opportunities of currently employed individuals.
plaints about its programs and activities from participants, subgrantees,
(c) Labor organizations
subcontractors, and other interested persons. Hearings on any grievance
shall be conducted within 30 days of filing of a grievance and decisions shall
(1) Each recipient of funds under this chapter shall provide to the
be made not later than 60 days after the filing of a grievance. Except for
Secretary assurances that none of such funds will be used to assist, promote,
complaints alleging fraud or criminal activity, complaints shall be made
or deter union organizing.
within one year of the alleged occurrence.
(2) Where a labor organization represents a substantial number of em-
ployees who are engaged in similar work or training in the same area as that
(b) Requirement for recipient grievance procedure
proposed to be funded under this chapter, an opportunity shall be provided
Each recipient of financial assistance under this chapter which is an
for such organization to submit comments with respect to such proposal.
employer of participants under this chapter shall continue to operate or
50
51
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LABOR Ch. 19
Ch. 19 JOB TRAINING PARTNERSHIP
572
establish and maintain a grievance procedure relating to the terms and
(b) Expending of obligated funds
conditions of employment.
Funds obligated for any program year may be expended by each recipient
(c) Investigation by Secretary
during that program year and the two succeeding program years and no
amount shall be deobligated on account of a rate of expenditure which is
Upon exhaustion of a recipient's grievance procedure without decision, or
consistent with the job training plan.
where the Secretary has reason to believe that the recipient is failing to
comply with the requirements of this chapter or the terms of the job
(c) Transition to program year funding
training plan, the Secretary shall investigate the allegation or belief and
(1) Appropriations for fiscal year 1984 shall be available both to fund
determine within 120 days after receiving the complaint whether such
activities for the period between October 1, 1983, and July 1, 1984, and for
allegation or complaint is true.
the program year beginning July 1, 1984.
(Pub.L. 97-300, Title I, § 144, Oct. 13, 1982, 96 Stat. 1346.)
(2) There are authorized to be appropriated such additional sums as may
be necessary to carry out the provisions of this subsection for the transition
Historical Note
to program year funding.
References in Text. This chapter, referred
to the Code, see Short Title note set out
to in text, was in the original "this Act",
under section 1501 of this title and Tables
(Pub.L. 97-300, Title I, § 161, Oct. 13, 1982, 96 Stat. 1347.)
meaning Pub.L. 97-300, Oct. 13, 1982, 96
volume.
Stat. 1322, as amended, known as the Job
Historical Note
Training Partnership Act, which is classified
Legislative History. For legislative history
principally to this chapter (section 1501 et
and purpose of Pub.L. 97-300, see 1982 U.S.
References in Text. This chapter, referred
to the Code, see Short Title note set out
seq.). For complete classification of this Act
Code Cong. and Adm.News, p. 2636.
to in subsec. (a), was in the original "this
under section 1501 of this title and Tables
Act", meaning Pub.L. 97-300, Oct. 13, 1982,
volume.
96 Stat. 1322, as amended, known as the Job
Training Partnership Act, which is classified
Legislative History. For legislative history
§ 1555. Federal control of education prohibited
principally to this chapter (section 1501 et
and purpose of Pub.L. 97-300, see 1982 U.S.
seq.). For complete classification of this Act
Code Cong. and Adm.News, p. 2636.
No provision of this chapter shall be construed to authorize any depart-
ment, agency, officer, or employee of the United States to exercise any
Cross References
direction, supervision, or control over the curriculum, program of instruc-
Authorization of appropriations, see section 1502 of this title.
tion, administration, or personnel of any educational institution, school, or
Distribution of funds after appropriation, see section 1572 of this title.
school system, or over the selection of library resources, textbooks, or other
printed or published instructional materials by any educational institution or
school system.
§ 1572. Prompt allocation of funds
(Pub.L. 97-300, Title I, § 145, Oct. 13, 1982, 96 Stat. 1347.)
(a) Use of most recent data
Historical Note
All allotments and allocations under this chapter shall be based on the
References in Text. This chapter, referred
to the Code, see Short Title note set out
latest available data and estimates satisfactory to the Secretary. All data
to in text, was in the original "this Act",
under section 1501 of this title and Tables
relating to economically disadvantaged and low-income persons shall be
meaning Pub.L. 97-300, Oct. 13, 1982, 96
volume.
Stat. 1322, as amended, known as the Job
based on 1980 Census or later data.
Training Partnership Act, which is classified
Legislative History. For legislative history
principally to this chapter (section 1501 et
and purpose of Pub.L. 97-300, see 1982 U.S.
(b) Publication in Federal Register
seq.). For complete classification of this Act
Code Cong. and Adm.News, p. 2636.
Whenever the Secretary allots and allocates funds required to be allotted
or allocated by formula under this chapter, the Secretary shall publish in a
PART D-FEDERAL AND FISCAL ADMINISTRATIVE PROVISIONS
timely fashion in the Federal Register the proposed amount to be distributed
to each recipient.
§ 1571. Program year
(c) Distribution after appropriation
(a) Basis for availability of appropriations
All funds required to be distributed by formula under this chapter shall
Beginning with fiscal year 1985 and thereafter, appropriations for any
be allotted within 45 days after enactment of the appropriations, except that,
fiscal year for programs and activities under this chapter shall be available
if such funds are appropriated in advance as authorized by section 1571 of
for obligation only on the basis of a program year. The program year shall
this title, such funds shall be allotted not later than the March 31 preceding
begin on July 1 in the fiscal year for which the appropriation is made.
the program year for which such funds are to be available for obligation.
52
53
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LABOR Ch. 19
Ch. 19 JOB TRAINING PARTNERSHIP
(d) Publication of allotment formula
a program of a recipient is conducted or in which any of the records of the
Whenever the Secretary utilizes a formula to allot or allocate funds made
recipient are kept.
available for distribution at the Secretary's discretion under this chapter, the
(c) Witnesses; books, papers, and documents
Secretary shall, not later than 30 days prior to such allotment or allocation,
For the purpose of any investigation or hearing under this chapter, the
publish such formula in the Federal Register for comments along with the
provisions of section 9 of the Federal Trade Commission Act (15 U.S.C. 49)
rationale for the formula and the proposed amounts to be distributed to
(relating to the attendance of witnesses and the production of books, papers,
each State and area. After consideration of any comments received, the
and documents) are made applicable to the Secretary.
Secretary shall publish final allotments and allocations in the Federal
Register.
(Pub.L. 97-300, Title I, § 163, Oct. 13, 1982, 96 Stat. 1348.)
(e) Distribution to grant recipient
Historical Note
References in Text. This chapter, referred
Section 9 of the Federal Trade Commission
Funds shall be made available to the grant recipient for the service
to in subsecs. (a) to (c), was in the original
Act, referred to in subsec. (c), is section 9 of
delivery area not later than 30 days after the date they are made available to
"this Act", meaning Pub.L. 97-300, Oct. 13,
Act Sept. 26, 1914, c. 311, 38 Stat. 722, as
the Governor or 7 days after the date the plan is approved, whichever is
1982, 96 Stat. 1322, as amended, known as
amended, and is classified to section 49 of
later.
the Job Training Partnership Act, which is
Title 15, Commerce and Trade. For com-
classified principally to this chapter (section
plete classification of that Act to the Code,
(Pub.L. 97-300, Title I, § 162, Oct. 13, 1982, 96 Stat. 1347.)
see section 58 of Title 15, and Tables volume.
1501 et seq.). For complete classification of
this Act to the Code, see Short Title note set
Legislative History. For legislative history
Historical Note
out under section 1501 of this title and Tables
and purpose of Pub.L. 97-300, see 1982 U.S.
References in Text. This chapter, referred
this Act to the Code, see Short Title note set
Code Cong. and Adm.News, p. 2636.
volume.
to in subsecs. (a) to (d), was in the original
out under section 1501 of this title and Tables
"this Act", meaning Pub.L. 97-300, Oct. 13,
volume.
West's Federal Forms
1982, 96 Stat. 1322, as amended, known as
the Job Training Partnership Act, which is
Legislative History. For legislative history
Administrative subpoenas, enforcement of, see § 6004 et seq.
classified principally to this chapter (section
and purpose of Pub.L. 97-300, see 1982 U.S.
Civil subpoena for attendance of witness, see § 3981 et seq.
1501 et seq.). For complete classification of
Code Cong. and Adm.News, p. 2636.
Contempt proceedings, see § 5651 et seq.
Depositions, matters pertaining to, see § 3271 et seq.
Cross References
Proceedings to compel discovery and enforcement of penalties for refusal to make discovery,
see § 3681 et seq.
Allocation of percentage of allotment within State, see section 1602 of this title.
Production of documents, motions and orders pertaining to, see § 3551 et seq.
Notes of Decisions
1. Basis for distributing funds
sec. (a) of this section that all allotments and
§ 1574. Fiscal controls; sanctions
Action of Secretary in using 1980 census
allocations be based on latest available data
data as basis upon which to distribute funds
and estimates satisfactory to Secretary, and
(a) Establishment of State controls; independent audit and
for farm worker or job training programs
flaws in system were relatively minor consid-
exemption; Federal audit standards
under this chapter rather than using social
ering complex decisions that had to be made
security administration data as done previous-
in relatively short period of time. California
(1) Each State shall establish such fiscal control and fund accounting
ly was not arbitrary and capricious, where
Human Development Corp. v. Donovan,
procedures as may be necessary to assure the proper disbursal of, and
shift was made pursuant to provision of sub-
D.C.D.C.1984, 586 F.Supp. 696.
accounting for, Federal funds paid to the recipient under subchapters II and
III of this chapter. The Director of the Office of Management and Budget,
in consultation with the Comptroller General of the United States, shall
§ 1573. Monitoring
establish guidance for the proper performance of audits. Such guidance
(a) Compliance with law and regulations
shall include a review of fiscal controls and fund accounting procedures
The Secretary is authorized to monitor all recipients of financial assist-
established by States under this section.
ance under this chapter to determine whether they are complying with the
(2) At least once every two years, the State shall prepare or have
provisions of this chapter and the regulations issued under this chapter.
funds under subchapters II and III of this chapter. Under criteria estab-
prepared an independent financial and compliance audit of each recipient of
(b) Investigations
lished by the Director of the Office of Management and Budget, and upon
The Secretary may investigate any matter the Secretary deems necessary
to determine compliance with this chapter and regulations issued under this
application by the Governor, the Secretary may exempt designated that recipi-
ents from all or part of the requirements of this section, except any
chapter. The investigations authorized by this subsection may include
such exemption shall not apply to the State administering agency, the entity
examining records (including making certified copies thereof), questioning
which is the administrative entity for the job training plan for a service
employees, and entering any premises or onto any site in which any part of
55
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LABOR Ch. 19
Ch. 19 JOB TRAINING PARTNERSHIP
74
delivery area, or a private industry council. Any exemption under this
(e) Conditions for recipient's liability; conditions for recipient's liability for
subgrantee noncompliance; Secretary's discretion
section may be withdrawn by the Secretary in consultation with the
Director of the Office of Management and Budget.
(1) Each recipient shall be liable to repay such amounts, from funds other
than funds received under this chapter, upon a determination that the
(3) Each audit shall be conducted in accordance with applicable auditing
misexpenditure of funds was due to willful disregard of the requirements of
standards set forth in the financial and compliance element of the Standards
this chapter, gross negligence, or failure to observe accepted standards of
for Audit of Governmental Organizations, Programs, Activities, and Func-
administration. No such finding shall be made except after notice and
tions issued by the Comptroller General of the United States.
opportunity for a fair hearing.
(b) Noncompliance and Governor's approval revocation notice
(2) In determining whether to impose any sanction authorized by this
(1) Whenever, as a result of financial and compliance audits or otherwise,
section against a recipient for violations by a subgrantee of such recipient
the Governor determines that there is a substantial violation of a specific
under this chapter or the regulations under this chapter, the Secretary shall
first determine whether such recipient has adequately demonstrated that it
provision of this chapter or the regulations, and corrective action has not
been taken, the Governor may issue a notice of intent to revoke approval of
has-
all or part of the plan affected. Such notice may be appealed to the
(A) established and adhered to an appropriate system for the award
Secretary under the same terms and conditions as the disapproval of the
and monitoring of contracts with subgrantees which contains accepta-
plan and shall not become effective until (A) the time for appeal has expired
ble standards for ensuring accountability;
or (B) the Secretary has issued a decision.
(B) entered into a written contract with such subgrantee which
established clear goals and obligations in unambiguous terms;
(2) The Governor shall withdraw the notice if the appropriate corrective
(C) acted with due diligence to monitor the implementation of the
action has been taken.
subgrantee contract, including the carrying out of the appropriate
(c) Comptroller General's evaluation; report to Congress;
monitoring activities (including audits) at reasonable intervals; and
Comptroller's access to records
(D) taken prompt and appropriate corrective action upon becoming
(1) The Comptroller General of the United States shall, on a selective
aware of any evidence of a violation of this chapter or the regulations
basis, evaluate the expenditures by the recipients of grants under this
under this chapter by such subgrantee.
chapter in order to assure that expenditures are consistent with the provi-
(3) If the Secretary determines that the recipient has demonstrated
sions of this chapter and to determine the effectiveness of each recipient in
substantial compliance with the requirements of paragraph (2), the Secretary
accomplishing the purposes of this chapter. The Comptroller General shall
may waive the imposition of sanctions authorized by this section upon such
conduct the evaluations whenever he determines it necessary and he shall
recipient. The Secretary is authorized to impose any sanction consistent
periodically report to the Congress on the findings of such evaluations.
with the provisions of this chapter and any applicable Federal or State law
(2) Nothing in this chapter shall be deemed to relieve the Inspector
directly against any subgrantee for violation of this chapter or the regula-
General of the Department of Labor of his responsibilities under the
tions under this chapter.
Inspector General Act.
(f) Emergency situations and immediate termination
(3) For the purpose of evaluating and reviewing programs established or
In emergency situations, if the Secretary determines it is necessary to
provided for by this chapter, the Comptroller General shall have access to
protect the integrity of the funds or ensure the proper operation of the
and the right to copy any books, accounts, records, correspondence, or other
program, the Secretary may immediately terminate or suspend financial
documents pertinent to such programs that are in the possession, custody,
assistance, in whole or in part, if the recipient is given prompt notice and
or control of the State, a private industry council established under section
the opportunity for a subsequent hearing within 30 days after such termi-
1512 of this title, any recipient of funds under this chapter, or any
nation or suspension. The Secretary shall not delegate any of the functions
subgrantee or contractor of such recipients.
or authority specified in this subsection, other than to an officer whose
appointment was required to be made by and with the advice and consent of
(d) Recipient's liability for noncomplying expenditures
the Senate.
Every recipient shall repay to the United States amounts found not to
(g) Secretary's action against harassment of complainants
have been expended in accordance with this chapter. The Secretary may
offset such amounts against any other amount to which the recipient is or
If the Secretary determines that any recipient under this chapter has
may be entitled under this chapter unless he determines that such recipient
discharged or in any other manner discriminated against a participant or
should be held liable pursuant to subsection (e) of this section. No such
against any individual in connection with the administration of the program
action shall be taken except after notice and opportunity for a hearing have
involved, or against any individual because such individual has filed any
been given to the recipient.
complaint or instituted or caused to be instituted any proceeding under or
57
56
29 §
Ch. 19 JOB TRAINING PARTNERSHIP
2
6
LABOR Ch. 19
related to this chapter, or has testified or is about to testify in any such
(2) In conducting any investigation under this chapter, the Secretary or
proceeding or investigation under or related to this chapter, or otherwise
the Comptroller General of the United States may not request the compila-
unlawfully denied to any individual a benefit to which that individual is
tion of any new information not readily available to such recipient.
entitled under the provisions of this chapter or the Secretary's regulations,
(c) Reporting and recordkeeping duties of States, designated
the Secretary shall, within thirty days, take such action or order such
administrative entities, and recipients
corrective measures, as necessary, with respect to the recipient or the
Each State, each administrative entity designated under this subchapter,
aggrieved individual, or both.
and each recipient (other than a subrecipient, grantee or contractor of a
(h) Remedies not exclusive
recipient) receiving funds under this chapter shall-
The remedies under this section shall not be construed to be exclusive
(1) make such reports concerning its operations and expenditures as
remedies.
shall be prescribed by the Secretary, and
(Pub.L. 97-300, Title I, § 164, Oct. 13, 1982, 96 Stat. 1348.)
(2) prescribe and maintain a management information system, in
accordance with guidelines prescribed by the Secretary, designed to
Historical Note
facilitate the uniform compilation and analysis of programmatic and
financial data, on statewide and service delivery area bases, necessary
References in Text. This chapter, referred
The Inspector General Act, referred to in
to in subsecs. (b)(1), (c) to (e), and (g), was in
subsec. (c)(2), probably means the Inspector
for reporting, monitoring, and evaluating purposes.
the original "this Act", meaning Pub.L.
General Act of 1978, Pub.L. 95-452, Oct. 12,
(Pub.L. 97-300, Title I, § 165, Oct. 13, 1982, 96 Stat. 1350.)
97-300, Oct. 13, 1982, 96 Stat. 1322, as
1978, 92 Stat. 1101, as amended, which is set
amended, known as the Job Training Partner-
out in Appendix 3 to Title 5, Government
Historical Note
ship Act, which is classified principally to this
Organization and Employees.
chapter (section 1501 et seq.). For complete
References in Text. This chapter, referred
of Pub.L. 97-300, which enacted this sub-
classification of this Act to the Code, see
Legislative History. For legislative history
to in subsecs. (a)(1), (b), and (c), was in the
chapter, amended section 665 of Title 18,
Short Title note set out under section 1501 of
and purpose of Pub.L. 97-300, see 1982 U.S.
original "this Act", meaning Pub.L. 97-300,
Crimes and Criminal Procedure, repealed
this title and Tables volume.
Code Cong. and Adm.News, p. 2636.
Oct. 13, 1982, 96 Stat. 1322, as amended,
chapter 17 (section 801 et seq.) of this title,
known as the Job Training Partnership Act,
and enacted a provision set out as a note
Cross References
which is classified principally to this chapter
under former section 801 of this title. For
(section 1501 et seq.). For complete classifi-
Judicial review of corrective action or sanction by Secretary of Labor, see section 1578 of this
complete classification of Title I of Pub.L.
cation of this Act to the Code, see Short Title
97-300 to the Code, see Tables volume.
title.
note set out under section 1501 of this title
and Tables volume.
Legislative History. For legislative history
This subchapter, referred to in subsec. (c),
and purpose of Pub.L. 97-300, see 1982 U.S.
§ 1575. Reports, recordkeeping, and investigations
was in the original "this title" meaning Title I
Code Cong. and Adm.News, p. 2636.
(a) Sufficiency of records; frequency
(1) Recipients shall keep records that are sufficient to permit the prepara-
§ 1576. Administrative adjudication
tion of reports required by this chapter and to permit the tracing of funds to
(a) Hearing after denial of assistance or sanction by Secretary
a level of expenditure adequate to insure that the funds have not been spent
unlawfully.
Whenever any applicant for financial assistance under this chapter is
dissatisfied because the Secretary has made a determination not to award
(2) Every recipient shall maintain such records and submit such reports,
financial assistance in whole or in part to such applicant, the applicant may
in such form and containing such information, as the Secretary requires
request a hearing before an administrative law judge of the Department of
regarding the performance of its programs. Such records and reports shall
Labor. A similar hearing may also be requested by any recipient upon
be submitted to the Secretary but shall not be required to be submitted more
whom a corrective action or a sanction has been imposed by the Secretary.
than once each quarter unless specifically requested by the Congress or a
Except to the extent provided for in section 1577 of this title, all other
committee thereof.
disputes arising under this chapter shall be adjudicated under grievance
(b) Investigations
procedures established by the recipient or under applicable law other than
(1)(A) In order to evaluate compliance with the provisions of this chapter,
this chapter.
the Secretary shall conduct, in several States, in each fiscal year investiga-
(b) Time for filing exceptions; final action by Secretary
tions of the use of funds received by recipients under this chapter.
The decision of the administrative law judge shall constitute final action
(B) In order to insure compliance with the provisions of this chapter, the
by the Secretary unless, within 20 days after receipt of the decision of the
Comptroller General of the United States may conduct investigations of the
administrative law judge, a party dissatisfied with the decision or any part
use of funds received under this chapter by any recipient.
thereof has filed exceptions with the Secretary specifically identifying the
58
59
Ch. 19 JOB TRAINING PARTNERSHIP
1577
29
LABOR Ch. 19
color, religion, sex, national origin, age, handicap, or political affination or
procedure, fact, law, or policy to which exception is taken. Any exception
belief.
not specifically urged shall be deemed to have been waived. Thereafter the
decision of the administrative law judge shall become the final decision of
(3) Participants shall not be employed on the construction, operation, or
the Secretary unless the Secretary, within 30 days of such filing, has notified
maintenance of so much of any facility as is used or to be used for sectarian
the parties that the case has been accepted for review.
instruction or as a place for religious worship.
(c) Time for Secretary's review
(4) With respect to terms and conditions affecting, or rights provided to,
Any case accepted for review by the Secretary shall be decided within one
individuals who are participants in activities supported by funds provided
hundred and eighty days of such acceptance. If not so decided, the decision
under this chapter, such individuals shall not be discriminated against solely
of the administrative law judge shall become the final decision of the
because of their status as such participants.
Secretary.
(5) Participation in programs and activities financially assisted in whole
(d) Judicial review
or in part under this chapter shall be open to citizens and nationals of the
The provisions of section 1578 of this title shall apply to any final action
United States, lawfully admitted permanent resident aliens, lawfully admit-
of the Secretary under this section.
ted refugees and parolees, and other individuals authorized by the Attorney
General to work in the United States.
(Pub.L. 97-300, Title I, § 166, Oct. 13, 1982, 96 Stat. 1351.)
(b) Recipient noncompliance and Secretary's action
Historical Note
References in Text. This chapter, referred
to the Code, see Short Title note set out
Whenever the Secretary finds that a State or other recipient has failed to
to in subsec. (a), was in the original "this
under section 1501 of this title and Tables
comply with a provision of law referred to in subsection (a)(1) of this
Act", meaning Pub.L. 97-300, Oct. 13, 1982,
volume.
section, with paragraph (2), (3), (4), or (5) of subsection (a) of this section,
96 Stat. 1322, as amended, known as the Job
Training Partnership Act, which is classified
Legislative History. For legislative history
or with an applicable regulation prescribed to carry out such paragraphs,
principally to this chapter (section 1501 et
and purpose of Pub. L. 97-300, see 1982 U.
the Secretary shall notify such State or recipient and shall request it to
seq.). For complete classification of this Act
S. Code Cong. and Adm. News, p. 2636.
comply. If within a reasonable period of time, not to exceed sixty days, the
State or recipient fails or refuses to comply, the Secretary may-
Cross References
(1) refer the matter to the Attorney General with a recommendation
Judicial review of final order of Secretary of Labor, see section 1578 of this title.
that an appropriate civil action be instituted;
West's Federal Forms
(2) exercise the powers and functions provided by title VI of the
Enforcement and review of decisions and orders of administrative agencies, see § 851 et seq.
Civil Rights Act of 1964 [42 U.S.C.A. § 2000d et seq.], the Age
Supreme Court jurisdiction on writ of certiorari, see § 221 et seq.
Discrimination Act of 1975 [42 U.S.C.A. § 6101 et seq.], or section 794
of this title, as may be applicable; or
(3) take such other action as may be provided by law.
§ 1577. Nondiscrimination
(a) Applicability of equal protection provisions; prohibition of construction of re-
(c) Civil action by Attorney General
ligious facility; nondiscrimination against funded activity
When a matter is referred to the Attorney General pursuant to subsection
participants; participant citizenship
(b)(1) of this section, or whenever the Attorney General has reason to
(1) For the purpose of applying the prohibitions against discrimination on
believe that a State or other recipient is engaged in a pattern or practice in
the basis of age under the Age Discrimination Act of 1975 [42 U.S.C.A.
violation of a provision of law referred to in subsection (a)(1) of this section
§ 6101 et seq.], on the basis of handicap under section 504 of the Rehabili-
or in violation of paragraph (2), (3), (4), or (5) of subsection (a) of this
tation Act [29 U.S.C.A. § 794], on the basis of sex under title IX of the
section, the Attorney General may bring a civil action in any appropriate
Education Amendments of 1972 [20 U.S.C.A. § 1681 et seq.], or on the
district court of the United States for such relief as may be appropriate,
basis of race, color, or national origin under title VI of the Civil Rights Act
of 1964 [42 U.S.C.A. § 2000d et seq.], programs and activities funded or
including injunctive relief.
otherwise financially assisted in whole or in part under this chapter are
(d) Job Corps members ultimate beneficiaries
considered to be programs and activities receiving Federal financial assist-
ance.
For purposes of this section, Job Corps members shall be considered as
(2) No individual shall be excluded from participation in, denied the
the ultimate beneficiaries of Federal financial assistance.
benefits of, subjected to discrimination under, or denied employment in the
(Pub. L. 97-300, Title I, § 167, Oct. 13, 1982, 96 Stat. 1352.)
administration of or in connection with any such program because of race,
61
60
Ch. 19 JOB TRAINING PARTNERSHIP
579
29
§
LABOR
Ch.
19
(3) No objection to the order of the Secretary shall be considered by the
Historical Note
court unless the objection shall have been specifically and timely urged
References in Text. This chapter, referred
June 23, 1972, 86 Stat. 235, as amended.
before the Secretary. Review shall be limited to questions of law and the
to in subsec. (a)(1), (4), (5), was in the origi-
Title IX of the Education Amendments of
nal "this Act", meaning Pub.L. 97-300, Oct.
1972 is classified principally to chapter 38
Secretary's findings of fact shall be conclusive if supported by substantial
13, 1982, 96 Stat. 1322, as amended, known
(section 1681 et seq.) of Title 20, Education.
evidence.
as the Job Training Partnership Act, which is
For complete classification of this Act to the
classified principally to this chapter (section
Code, see Short Title note set out under
(b) Jurisdiction of Court of Appeals; review by Supreme Court
1501 et seq.). For complete classification of
section 1001 of Title 20 and Tables volume.
The court shall have jurisdiction to make and enter a decree affirming,
this Act to the Code, see Short Title note set
out under section 1501 of this title and Tables
The Civil Rights Act of 1964, referred to in
modifying, or setting aside the order of the Secretary in whole or in part.
subsecs. (a)(1) and (b)(2), is Pub.L. 88-352,
volume.
The court's judgment shall be final, subject to certiorari review by the
July 2, 1964, 78 Stat. 241, as amended. Title
The Age Discrimination Act of 1975, re-
VI of the Civil Rights Act of 1964 is classi-
Supreme Court of the United States as provided in section 1254(1) of Title
ferred to in subsecs. (a)(1) and (b)(2), is Title
fied generally to subchapter V (section 2000d
28.
III of Pub.L. 94-135, Nov. 28, 1975, 89 Stat.
et seq.) of chapter 21 of Title 42, The Public
728, as amended, which is classified generally
(Pub.L. 97-300, Title I, § 168, Oct. 13, 1982, 96 Stat. 1353.)
Health and Welfare. For complete classifica-
to chapter 76 (section 6101 et seq.) of Title
tion of this Act to the Code, see Short Title
42, The Public Health and Welfare. For
Historical Note
note set out under section 2000a of Title 42
complete classification of this Act to the
and Tables volume.
References in Text. This chapter, referred
to the Code, see Short Title note set out
Code, see Short Title note set out under
to in subsec. (a)(2), was in the original "this
under section 1501 of this title and Tables
section 6101 of Title 42 and Tables volume.
Legislative History. For legislative history
Act", meaning Pub.L. 97-300, Oct. 13, 1982,
volume.
The Education Amendments of 1972, re-
and purpose of Pub. L. 97-300, see 1982 U.
96 Stat. 1322, as amended, known as the Job
ferred to in subsec. (a)(1), is Pub.L. 92-318,
S. Code Cong. and Adm. News, p. 2636.
Training Partnership Act, which is classified
Legislative History. For legislative history
principally to this chapter (section 1501 et
and purpose of Pub. L. 97-300, see 1982 U.
Cross References
seq.). For complete classification of this Act
S. Code Cong. and Adm. News, p. 2636.
Federal labor standards, applicability of, see section 1553 of this title.
Cross References
Hearing after denial of assistance or sanction by Secretary of Labor, see section 1576 of this
title.
Final action of Secretary of Labor, applicability to, see section 1576 of this title.
West's Federal Forms
West's Federal Forms
Preliminary injunctions and temporary restraining orders, matters pertaining to, see § 5271 et
Enforcement and review of decisions and orders of administrative agencies, see § 851 et seq.
seq.
Supreme Court jurisdiction on writ of certiorari, see § 221 et seq.
§ 1578. Judicial review
§ 1579. Administrative provisions
(a) Review by Court of Appeals of Secretary's final order; review petition, final
(a) Secretary's prescription of regulations; publication in Federal Register
order record, expeditious review; scope of review
The Secretary may, in accordance with chapter 5 of Title 5, prescribe
(1) With respect to any final order by the Secretary under section 1576 of
such rules and regulations (including performance standards) as the Secre-
this title whereby the Secretary determines to award, to not award, or to
tary deems necessary. Such rules and regulations may include adjustments
only conditionally award, financial assistance, with respect to any final
authorized by section 6504 of Title 31. All such rules and regulations shall
order of the Secretary under section 1576 of this title with respect to a
be published in the Federal Register at least thirty days prior to their
corrective action or sanction imposed under section 1574 of this title, and
effective date. Copies of all such rules and regulations shall be transmitted
with respect to a denial of an appeal under section 1511(4)(C) of this title or
to the appropriate committees of the Congress at the same time and shall
1515(b)(2) of this title, any party to a proceeding which resulted in such
contain, with respect to each material provision of such rules and regula-
final order may obtain review of such final order in the United States Court
tions, citations to the particular substantive section of law which is the basis
therefor.
of Appeals having jurisdiction over the applicant or recipient of funds, by
filing a review petition within 30 days of such final order.
(b) Acceptance of gift
The Secretary is authorized, in carrying out this chapter, to accept,
(2) The clerk of the court shall transmit a copy of the review petition to
purchase, or lease in the name of the department, and employ or dispose of
the Secretary who shall file the record upon which the final order was
in furtherance of the purposes of this chapter, any money or property, real,
entered as provided in section 2112 of Title 28. Review petitions unless
personal, or mixed, tangible or intangible, received by gift, devise, bequest,
ordered by the court, shall not stay the Secretary's order. Petitions under
or otherwise, and to accept voluntary and uncompensated services notwith-
this chapter shall be heard expeditiously, if possible within ten days of the
standing the provisions of section 1342 of Title 31.
filing of a reply brief.
63
62
21
LABOR Ch. 19
Ch. 19 JOB TRAINING PARTNERSHIP
1591
(c) Secretary's discretion
Cross References
The Secretary may make such grants, contracts, or agreements, establish
Effective date of regulations governing job training coordinating councils and private industry
councils, see section 1591 of this title.
such procedures and make such payments, in installments and in advance or
by way of reimbursement, or otherwise allocate or expend funds under this
chapter as necessary to carry out this chapter, including (without regard to
§ 1580. Utilization of services and facilities
the provisions of section 4774(d) of Title 10) expenditures for construction,
repairs, and capital improvements, and including necessary adjustments in
The Secretary is authorized, in carrying out this chapter, and to the
payments on account of overpayments or underpayments.
extent permitted by law other than this chapter, to accept and use the
services and facilities of departments, agencies, and establishments of the
(d) Annual report to Congress
United States. The Secretary is also authorized to accept and use the
The Secretary shall prepare and submit to the Congress an annual report
services and facilities of the agencies of any State or political subdivision of
for employment and training programs. The Secretary shall include in such
a State, with its consent.
report-
(Pub.L. 97-300, Title I, § 170, Oct. 13, 1982, 96 Stat. 1354.)
(1) a summary of the achievements, failures, and problems of the
programs authorized in this chapter in meeting the objective of this
Historical Note
chapter;
References in Text. This chapter, referred
to the Code, see Short Title note set out
(2) a summary of major findings from research, evaluation, pilot
to in text, was in the original "this Act",
under section 1501 of this title and Tables
meaning Pub.L. 97-300, Oct. 13, 1982, 96
volume.
projects, and experiments conducted in the previous fiscal year;
Stat. 1322, as amended, known as the Job
(3) recommendations for program modifications based upon analysis
Training Partnership Act, which is classified
Legislative History. For legislative history
principally to this chapter (section 1501 et.
and purpose of Pub. L. 97-300, see 1982 U.
of such findings; and
seq.). For complete classification of this Act
S. Code Cong. and Adm. News, p. 2636.
(4) such other recommendations for legislative or administrative
action as the Secretary deems appropriate.
§ 1581. Obligational authority
(e) Annual report on Impact of energy development and
conservation on employment
Notwithstanding any other provision of this chapter, no authority to enter
The Secretary shall develop methods to ascertain, and shall ascertain
into contracts or financial assistance agreements under this chapter shall be
annually, energy development and conservation employment impact data by
effective except to such extent or in such amount as are provided in advance
type and scale of energy technologies used. The Secretary shall present the
in appropriation Acts.
best available data to the Secretary of Energy, the Secretary of Housing and
(Pub.L. 97-300, Title I, § 171, Oct. 13, 1982, 96 Stat. 1354.)
Urban Development, and the Director of the Office of Management and
Budget as part of the budgetary process and to the appropriate Committees
Historical Note
of Congress annually.
References in Text. This chapter, referred
to the Code, see Short Title note set out
to in text, was in the original "this Act",
under section 1501 of this title and Tables
(Pub.L. 97-300, Title I, § 169, Oct. 13, 1982, 96 Stat. 1353.)
meaning Pub.L. 97-300, Oct. 13, 1982, 96
volume.
Stat. 1322, as amended, known as the Job
Historical Note
Training Partnership Act, which is classified
Legislative History. For legislative history
principally to this chapter (section 1501 et
and purpose of Pub. L. 97-300, see 1982 U.
Codification. In subsecs. (a) and (b), "sec-
seq.). For complete classification of this Act
S. Code Cong. and Adm. News, p. 2636.
References in Text. This chapter, referred
to in subsecs. (b), (c), and (d)(1), was in the
tion 6504 of Title 31" was substituted for
original "this Act", meaning Pub.L. 97-300,
"section 204 of the Intergovernmental Coop-
PART E-MISCELLANEOUS PROVISIONS
Oct. 13, 1982, 96 Stat. 1322, as amended,
eration Act of 1968 [42 U.S.C.A. § 4214]"
known as the Job Training Partnership Act,
and "section 1342 of Title 31" was substitut-
which is classified principally to this chapter
ed for "section 3679(b) of the Revised Stat-
§ 1591. Transition
(section 1501 et seq.). For complete classifi-
cation of this Act to the Code, see Short Title
utes of the United States [31 U.S.C.A.
(a) Continuity with Comprehensive Employment and Training Act funding
note set out under section 1501 of this title
§ 665(b) ]", respectively, on authority of
and Tables volume.
Pub.L. 97-258, § 4(b), Sept. 13, 1982, 96
Except as otherwise provided in this section, the Secretary, from funds
Section 4774(d) of Title 10, referred to in
Stat. 1067, the first section of which enacted
appropriated pursuant to this chapter or pursuant to the Comprehensive
subsec. (c), was redesignated as entire section
Title 31, Money and Finance.
Employment and Training Act, shall provide financial assistance under this
4774 by Pub.L. 93-166, Title V, § 509(c),
Nov. 29, 1973, 87 Stat. 677, and subsequently
Legislative History. For legislative history
chapter in the same manner that such assistance was provided under the
and purpose of Pub. L. 97-300, see 1982 U.
Comprehensive Employment and Training Act (as in effect on the day
was repealed by Pub.L. 97-214, § 7(1), July
S. Code Cong. and Adm. News, p. 2636.
before October 13, 1982) until September 30, 1983.
12, 1982, 96 Stat. 173.
65
64
29 §
LABOR Ch. 19
Ch. 19 JOB TRAINING PARTNERSHIP
591
(b) Continuity with Comprehensive Employment and Training Act Commission
(2) By January 15, 1983, the Secretary shall have published in the Federal
Register final regulations governing the establishment of private industry
The Commission established by title V of the Comprehensive Employ-
councils.
ment and Training Act shall continue to be authorized until September 30,
1983, and on such date the personnel, property, and records of such
(3) By March 15, 1983, the Secretary shall have published in the Federal
Commission shall be transferred to the Commission established by part F of
Register final regulations governing all aspects of programs under subchap-
ter II of this chapter not- described in paragraphs (1) and (2) of this
subchapter IV of this chapter.
subsection.
(c) Authorization for consolidation of former programs and
(4) All other regulations for programs under this chapter shall take effect
measures for orderly transition
no later than October 1, 1983.
Notwithstanding the provisions of subsection (a) of this section, Gover-
(5) Pursuant to section 1579(a) of this title the rules described in
nors, prime sponsors, and other recipients of financial assistance under this
paragraphs (1), (2), and (3) of this subsection shall take effect thirty days
chapter, or under the Comprehensive Employment and Training Act, may
after publication. In promulgating the rules described in paragraphs (1),
expend funds received under this chapter, or under the Comprehensive
(2), and (3), the Secretary shall be exempt from all requirements of law
Employment and Training Act, prior to October 1, 1983, in order to-
regarding rulemaking procedures except that such rules, prior to their
(1) administer consolidated programs formed by the combining of
publication in final form, shall be published in the Federal Register for
programs previously administered under different titles, parts, and
comment for thirty days in the case of rules under paragraphs (2) and (3)
subparts of the Comprehensive Employment and Training Act;
and twenty days in the case of rules under paragraph (1).
(2) establish for new participants, in accordance with the eligibility
(6) The Secretary may subsequently modify rules issued pursuant to
criteria for subchapter II of this chapter, uniform eligibility criteria and
paragraphs (1), (2), and (3) but, with respect to the program period October
other provisions relating to participation for programs consolidated
1, 1983, to June 30, 1984, such subsequent rules shall not affect the
pursuant to paragraph (1);
legitimacy of any State job training coordinating council or private industry
(3) conduct planning for any program or activity authorized under
council, or the composition of any service delivery area, established under
the rules issued pursuant to paragraphs 1 (1) or (2). In addition, with respect
this chapter; and
to the program period October 1, 1983, to June 30, 1984, no modifications
(4) conduct any other activity deemed necessary by the recipient to
of the rules published pursuant to paragraph (3) shall be effective unless
provide for an orderly transition to the operation, as of October 1,
they are published in final form by May 15, 1983.
1983, of programs under this chapter.
(7) Upon the certification of any private industry council under section
(d) Continuation of regulations, etc.
1512(g) of this title the Secretary, from discretionary funds appropriated
All orders, determinations, rules, regulations, permits, grants, contracts,
under this chapter or Comprehensive Employment Training Act, for fiscal
certificates, licenses, and privileges, which have been issued under the
year 1983, may provide up to $80,000 to each such council to assist it in
Comprehensive Employment and Training Act (as in effect on the date
performing its functions under section 1513 of this title.
before October 13, 1982), or which are issued under that Act on or before
(g) Transfer to administering entity of right to take title to
September 30, 1983, shall continue in effect until modified or revoked by the
nonexpendable property
Secretary, by a court of competent jurisdiction, or by operation of law other
Notwithstanding any other provision of law, any real or nonexpendable
than this chapter.
personal property, which was acquired on or before September 30, 1983, by
prime sponsors (including by their contractors or subrecipients) with funds
(e) Continuation of judicial proceedings
under the Comprehensive Employment and Training Act or under this
The provisions of this chapter shall not affect administrative or judicial
chapter, and with respect to which the Secretary reserved the right to take
proceedings pending on October 13, 1982, or begun between October 13,
title, shall be transferred, as of October 1, 1983, from such prime sponsors
1982 and September 30, 1984, under the Comprehensive Employment and
to the custody of the entity which is administering programs under subchap-
Training Act.
ter II of this chapter in the geographic area in which such property is
located. Such transfer shall be subject to the Secretary's rights in such
(f) Promulgation of regulations governing job training coordinating councils and
property, which shall continue unchanged.
private Industry councils; effect of modifications; discretionary funds
for private industry councils
(h) Continuing availability of area allocated unobligated funds
(1) By January 1, 1983, the Secretary shall have published in the Federal
Funds for fiscal year 1982 allocated to areas served by prime sponsors or
Register final regulations governing the establishment of the State job
to other recipients under the Comprehensive Employment and Training
Act, which were not obligated by the prime sponsor or other recipient prior
training coordinating councils and the designation of service delivery areas.
67
66
Ch. 19 JOB TRAINING PARTNERSHIP
2
29 § 1
LABOR Ch. 19
seq.). For complete classification of this Act
The amendments made by sections and
to the end of such fiscal year, shall remain available for obligation by the
to the Code, see Short Title note set out
502, referred to in subsec. (i), are the amend-
prime sponsor or other recipient during fiscal year 1983. No reduction
under section 1501 of this title and Tables
ments made by sections 501 and 502 of
volume.
Pub.L. 97-300, Title V, Oct. 13, 1982, 96
shall be made in the allocation for any area served by such a prime sponsor
Stat. 1392, 1397, which enacted sections 49e,
from appropriations to carry out this chapter for fiscal year 1983 on account
The Comprehensive Employment and
49f, 49/ and 49/-1 of this title, amended
of the carryover of such funds from fiscal year 1982 to fiscal year 1983.
Training Act, referred to in subsecs. (a) to (e),
sections 49, 49a, 49b, 49d, 49g, 49h, 49i, and
(f)(7), (g), (h), (j)(2), and (k), is Pub.L.
49j of this title and sections 632 and 633 of
(i) Use of fiscal 1983 funds
93-203, Dec. 28, 1973, 87 Stat. 839, as
Title 42, The Public Health and Welfare, and
amended, which was classified generally to
enacted provisions set out as a note under
The amendments made by sections 501 and 502 shall be effective October
chapter 17 (section 801 et seq.) of this title,
section 49 of this title.
1, 1983, but, the Secretary is authorized to use funds appropriated for fiscal
and was repealed by section 184(a)(1), of the
Job Training Partnership Act, Pub.L. 97-300,
1982 Amendment. Subsec. (f)(5). Pub.L.
year 1983 to plan for the orderly implementation of such amendments.
Title I, Oct. 13, 1982, 96 Stat. 1357; Title V
97-404 substituted "this subsection" for "this
of the Comprehensive Employment and
section" following "(1), (2), and (3) of".
(j) Applicability of time limits to planning; interim procedures; no penalty for
noncompliance with performance standards in Initial program period
Training Act was classified to subchapter V
Legislative History. For legislative history
(section 951 et seq.) of chapter 17 of this title
and purpose of Pub. L. 97-300, see 1982 U.
(1) In order to facilitate the development of a service delivery area's job
prior to its repeal.
S. Code Cong. and Adm. News, p. 2636.
training plan for the program period October 1, 1983, to June 30, 1984, the
various time limits contained in this chapter which pertain to the planning
Notes of Decisions
process shall not be applicable, except that the job training plan must be
Disallowance of payments 2
CETA, Alabama V. U.S. Dept. of Labor,
submitted to the Governor by August 31, 1983. This provision shall apply
Repayment of funds 3
C.A.11, 1984, 745 F.2d 1416.
only to the time limits and shall not apply to any of the required planning
Title to property 1
procedures, or to the required chronological order of such procedures except
3. Repayment of funds
that the job training plan and budget need only be for the October 1, 1983
It was within authority of Secretary of
1. Title to property
Labor to order repayment of misspent Com-
to June 30, 1984 program period.
Title to property which was purchased by
prehensive Employment and Training Act
(2) In order to facilitate planning for the program period October 1,
organizations created by city and county to
funds from non-CETA sources. Mobile Con-
1983, to June 30, 1984, the local agreement or agreements between the
accept federal funds under the Comprehen-
sortium of CETA, Alabama v. U.S. Dept. of
private industry council and the appropriate chief elected official or officials
sive Employment and Training Act of 1973,
Labor, C.A.11, 1984, 745 F.2d 1416.
former section 801 et seq. of this title, and
may provide for interim procedures applicable only to that program. Such
this chapter and which was purchased with
In proceeding on Indian tribe's petition for
interim agreements may also, notwithstanding the provisions of section 1517
funds under those programs was in the De-
review of Department of Labor's final deter-
of this title, authorize service deliverers under the Comprehensive Employ-
partment of Labor. In re Kent Community
mination requiring repayment of grant funds
ment and Training Act or under this chapter during fiscal year 1983 to
Action Program, Inc., Bkrtcy.Mich.1984, 40
under the Comprehensive Employment and
continue as service deliverers under the program as established by this
B.R. 912.
Training Act of 1973, former section 801 et
seq. of this title, administrative law judge
chapter for such period.
2. Disallowance of payments
correctly relied on regulation providing that
(3) The performance standards described in section 1516 of this title shall
Administrative law judge could disallow
party requesting the hearing shall have the
apply to service delivery areas for the program period October 1, 1983, to
Comprehensive Employment and Training
burden of establishing the facts and entitle-
June 30, 1984. No service delivery area, however, shall suffer a penalty for
Act payments to participants based solely on
ment to the relief requested, rather than the
facial irregularities in applications where al-
regulations which relate specifically to Indian
not meeting such standards during that initial program period.
terations and discrepancies in applications ap-
employment and training programs. Que-
peared in responses directly keyed to appli-
chan Indian Tribe v. U.S. Dept. of Labor,
(k) Eligibility of current Comprehensive Employment and Training Act participants
cants' eligibility. Mobile Consortium of
C.A.9, 1984, 723 F.2d 733.
All participants who are in programs funded under this chapter, or under
the Comprehensive Employment and Training Act, on September 30, 1983,
shall be eligible to continue to participate in such programs, provided such
§ 1592. Statutory references to Comprehensive Employment and
programs have been approved for funding under the service delivery area's
Training Act
newly effective job training plan.
(Pub.L. 97-300, Title I, § 181, Oct. 13, 1982, 96 Stat. 1354; Pub. L. 97-404, § 1(i),
Effective on October 13, 1982, all references in any other statute other
than this chapter, and other than in section 665 of Title 18, to the
Dec. 31, 1982, 96 Stat. 2026.)
Comprehensive Employment and Training Act [29 U.S.C.A. § 801 et seq.]
I So in original. Probably should be "paragraph".
shall be deemed to refer to the Job Training Partnership Act [29 U.S.C.A.
Historical Note
§ 1501 et seq.].
References in Text. This chapter, referred
96 Stat. 1322, as amended, known as the Job
to in subsecs. (a), (c) to (e), (f)(4), (7)(g), (h),
Training Partnership Act, which is classified
(Pub. L. 97-300, Title I, § 183, Oct. 13, 1982, 96 Stat. 1357.)
(j)(1), (2), and (k), was in the original "this
principally to this chapter (section 1501 et
69
Act", meaning Pub.L. 97-300, Oct. 13, 1982,
29
LABOR Ch. 19
Ch. 19 JOB TRAINING PARTNERSHIP
01
Historical Note
ployed individuals in all such areas of substantial unemployment in all
the States;
References in Text. This chapter, referred
93-203, Dec. 28, 1973, 87 Stat. 839, as
to in text, was in the original "this Act",
amended, which was classified generally to
(B) 33½ percent shall be allotted on the basis of the relative excess
meaning Pub.L. 97-300, Oct. 13, 1982, 96
chapter 17 (section 801 et seq.) of this title,
number of unemployed individuals who reside in each State as com-
Stat. 1322, as amended, known as the Job
and was repealed by section 184(a)(1), of the
pared to the total excess number of unemployed individuals in all the
Training Partnership Act, which is classified
Job Training Partnership Act, Pub.L. 97-300,
principally to this chapter (section 1501 et
Title I, Oct. 13, 1982, 96 Stat. 1357.
States;
seq.). For complete classification of this Act
The Job Training Partnership Act, referred
(C) 33½ percent shall be allotted on the basis of the relative number
to the Code, see Short Title note set out
to in text, is Pub. L. 97-300, Oct. 13, 1982,
of economically disadvantaged individuals within the State compared to
under section 1501 of this title and Tables
96 Stat. 1322, as amended. See note above.
the total number of economically disadvantaged individuals in all
volume.
Legislative History. For legislative history
States, except that, for the allotment for any State in which there is any
The Comprehensive Employment and
and purpose of Pub. L. 97-300, see 1982 U.
service delivery area described in section 1511(a)(4)(A)(iii) of this title,
Training Act, referred to in text, is Pub.L.
S. Code Cong. and Adm. News, p. 2636.
the allotment shall be based on the higher of the number of adults in
families with an income below the low-income level in such area or the
SUBCHAPTER II-TRAINING SERVICES FOR
number of economically disadvantaged individuals in such area.
THE DISADVANTAGED
(2)(A) No State shall receive less than one-quarter of 1 percent of the
amounts available for allotment under this subsection for each such fiscal
Cross References
year.
Area of substantial unemployment defined, see section 1503 of this title.
Authorization of appropriations, see section 1502 of this title.
(B) No State shall be allotted less than 90 percent of its allotment
Limit on funds for administration, see section 1518 of this title.
percentage for the fiscal year preceding the fiscal year for which the
Migrant and seasonal farmworker programs, reservation of funds, see section 1672 of this title.
determination is made. For the purpose of this subparagraph, the allotment
Native American program, reservation of funds, see section 1671 of this title.
percentage for each State for the fiscal year 1982 is the percent that each
Planning and administration of funds, see section 1634 of this title.
Public service employment exclusion, see section 1551 of this title.
State received in 1982, pursuant to the formula allocations made under the
Comprehensive Employment and Training Act, of the total such formula
allocations for all States made under that Act in fiscal year 1982. For each
PART A-ADULT AND YOUTH PROGRAMS
succeeding fiscal year, the allotment percentage of a State shall be the
percentage which the State received of all allotments pursuant to this
Cross References
subsection.
Authorization for consolidation of former programs under Comprehensive Employment and
Training Act, see section 1591 of this title.
(3) For purposes of paragraph (1)-
Implementation of standards for selection of applicants, see section 1694 of this title.
(A) the term "excess number" means the number which represents
Independent financial and compliance audit, see section 1574 of this title.
Performance criteria for adult training programs, youth programs, see section 1516 of this title.
the number of unemployed individuals in excess of 4.5 percent of the
State and local education standards applicable, see section 1551 of this title.
civilian labor force in the State, or the number which represents the
State education coordination and grants, see section 1533 of this title.
number of unemployed individuals in excess of 4.5 percent of the
civilian labor force in areas of substantial unemployment in such State;
and
§ 1601. Allotment
(B) the term "economically disadvantaged" means an individual who
(a) Limitation for insular possessions
has, or is a member of a family which has, received a total family
income (exclusive of unemployment compensation, child support pay-
Not more than $5,000,000 of the amount appropriated pursuant to
ments, and welfare payments) which, in relation to family size, was not
section 1502(a)(1) of this title for each fiscal year and available for this part
in excess of the higher of (i) the poverty level determined in accordance
shall be allotted among Guam, the Virgin Islands, American Samoa, the
with criteria established by the Director of the Office of Management
Trust Territory of the Pacific Islands, and the Northern Mariana Islands.
and Budget, or (ii) 70 percent of the lower living standard income level.
(b) Percentage of unemployed and economically disadvantaged as share criteria;
(Pub.L. 97-300, Title II, § 201, Oct. 13, 1982, 96 Stat. 1358.)
minimum State share; maximum State share reduction; definitions
(1) Subject to the provisions of paragraph (2), of the remainder of the
Historical Note
amount available for this part for each fiscal year-
References in Text. The Comprehensive
et seq.) of this title, and was repealed by
Employment and Training Act, referred to in
section 184(a)(1) of the Job Training Partner-
(A) 33½ percent shall be allotted on the basis of the relative number
subsec. (b)(2)(B), is Pub.L. 93-203, Dec. 28,
ship Act, Pub.L. 97-300, Oct. 13, 1982, 96
of unemployed individuals residing in areas of substantial unemploy-
1973, 87 Stat. 839, as amended, which was
Stat. 1357, which is classified principally to
ment in each State as compared to the total number of such unem-
classified generally to chapter 17 (section 801
this chapter.
71
70
29
LABOR
Ch. 19
Ch. 19 JOB TRAINING PARTNERSHIP
02
Legislative History. For legislative history
in excess of the higher of (i) the poverty level determined in accordance
and purpose of Pub. L. 97-300, see 1982 U.
with criteria established by the Director of the Office of Management
S. Code Cong. and Adm. News, p. 2636.
and Budget, or (ii) 70 percent of the lower living standard income level.
Cross References
(b) Minimum shares: State education programs, programs relating to training old-
er individuals, incentive grants for programs exceeding performance standards
Allotment among States of funds for summer youth employment and training programs, see
and serving hard-to-serve individuals, auditing and administration
section 1631 of this title.
Minimum shares of State allocation for State education programs, see section 1602 of this title.
(1) Eight percent of the allotment of each State (under section 1601(b) of
this title) for each fiscal year shall be available to carry out section 1533 of
Code of Federal Regulations
this title, relating to State education programs under this chapter.
Programs, see 20 CFR 629.1 et seq., 630.1 et seq.
(2) Three percent of such allotment of each State for each fiscal year shall
be available to carry out section 1534 of this title, relating to training
§ 1602. Within State allocation
programs for older individuals.
(a) Percentages of unemployed and economically disadvantaged as
(3)(A) Six percent of such allotment of each State for each fiscal year
share criteria; definitions
shall be available to carry out subparagraph (B) of this paragraph.
(1) The Governor shall, in accordance with section 1572 of this title,
(B) The amount reserved under subparagraph (A) of this paragraph shall
allocate 78 percent of the allotment of the State (under section 1601(b) of
be used by the Governor to provide incentive grants for programs exceeding
this title) for such fiscal year among service delivery areas within the State
performance standards, including incentives for serving hard-to-serve indi-
in accordance with paragraph (2).
viduals. The incentive grants made under this subparagraph shall be
(2) Of the amount allocated under this subsection-
distributed among service delivery areas within the State exceeding their
(A) 33½ percent shall be allocated on the basis of the relative
performance standards in an equitable proportion based on the degree by
number of unemployed individuals residing in areas of substantial
which the service delivery areas exceed their performance standards. If the
unemployment in each service delivery area as compared to the total
full amount reserved under subparagraph (A) of this paragraph is not
number of such unemployed individuals in all such areas of substantial
needed to make incentive grants under this subparagraph, the Governor
shall use the amount not so needed for technical assistance to service
unemployment in the State;
delivery areas in the State which do not qualify for incentive grants under
(B) 33½ percent shall be allocated on the basis of the relative excess
this subparagraph.
number of unemployed individuals who reside in each service delivery
area as compared to the total excess number of unemployed individuals
(4) Five percent of such allotment of the State for each fiscal year shall be
in all service delivery areas in the State;
available to the Governor of the State to be used for the cost of auditing
(C) 33½ percent shall be allocated on the basis of the relative
activities, for administrative activities, and for other activities under sections
number of economically disadvantaged individuals within each service
1531 and 1532 of this title.
delivery area compared to the total number of economically disadvan-
(Pub.L. 97-300, Title II, § 202, Oct. 13, 1982, 96 Stat. 1359.)
taged individuals in the State, except that the allocation for any service
delivery area described in section 1511(a)(4)(A)(iii) of this title shall be
Historical Note
based on the higher of the number of adults in families with an income
References in Text. This chapter, referred
to the Code, see Short Title note set out
below the low-income level in such area or the number of economically
to in subsec. (b)(1), was in the original "this
under section 1501 of this title and Tables
Act", meaning Pub.L. 97-300, Oct. 13, 1982,
volume.
disadvantaged individuals in such area.
96 Stat. 1322, as amended, known as the Job
(3) For the purpose of this section-
Training Partnership Act, which is classified
Legislative History. For legislative history
principally to this chapter (section 1501 et
and purpose of Pub. L. 97-300, see 1982 U.
(A) the term "excess number" means the number which represents
seq.). For complete classification of this Act
S. Code Cong. and Adm. News, p. 2636.
the number of unemployed individuals in excess of 4.5 percent of the
civilian labor force in the service delivery area or the number which
Cross References
represents the number of unemployed individuals in excess of 4.5
percent of the civilian labor force in areas of substantial unemployment
Allocation among service delivery areas of funds for summer youth employment and training
in such service delivery area; and
programs, see section 1631 of this title.
Financial assistance to State education agency for services through cooperative agreements, see
(B) the term "economically disadvantaged" means an individual who
section 1533 of this title.
has, or is a member of a family which has, received a total family
State job training coordinating council, funding for, see section 1532 of this title.
income (exclusive of unemployment compensation, child support pay-
State labor market information programs, eligibility for funds, see section 1535 of this title.
ments, and welfare payments) which, in relation to family size, was not
Training programs for older individuals, funds for, see section 1634 of this title.
72
29 U.S.C.A. §§ 1501 to End-4
73
29
LABOR Ch. 19
Ch. 19 JOB TRAINING PARTNERSHIP
604
§ 1603. Eligibility for services
(2) the term "adult" means an individual who is 22 years of age or
older.
(a) Economic disadvantage or employment barriers as participation requirements
(Pub.L. 97-300, Title II, § 203, Oct. 13, 1982, 96 Stat. 1360; Pub.L. 97-404, § 2,
(1) Except as provided in paragraph (2), an individual shall be eligible to
Dec. 31, 1982, 96 Stat. 2026.)
participate in programs receiving assistance under this subchapter only if
Historical Note
such individual is economically disadvantaged.
References in Text. The Social Security
1982 Amendment. Subsec. (a)(1). Pub.L.
(2) Up to 10 percent of the participants in all programs in a service
Act, referred to in subsec. (b)(3), is Act Aug.
97-404, § 2(a), substituted "participate" for
delivery area receiving assistance under this part may be individuals who are
14, 1935, c. 531, 49 Stat. 620, as amended.
"particpate" following "shall be eligible to".
not economically disadvantaged if such individuals have encountered barri-
Part A of Title IV of the Social Security Act
Subsec. (b)(2). Pub.L. 97-404, § 2(b),
ers to employment. Such individuals may include, but are not limited to,
is classified generally to part A (section 601 et
substituted "be expended" for "expend" fol-
those who have limited English-language proficiency, or are displaced
seq.) of subchapter IV of chapter 7 of Title
lowing "shall be required to".
42, The Public Health and Welfare. For
homemakers, school dropouts, teenage parents, handicapped, older workers,
complete classification of this Act to the
Legislative History. For legislative history
veterans, offenders, alcoholics, or addicts.
Code, see section 1305 of Title 42 and Tables
and purpose of Pub. L. 97-300, see 1982 U.
volume.
S. Code Cong. and Adm. News, p. 2636.
(b) Youth services minimum; ratio to disadvantaged adults; equitable treatment
for recipients of aid to families with dependent children and eligible school
Cross References
dropouts; proportion of public to private sector employment
Plan coordination with State and local services and resources, see section 1531 of this title.
(1) Funds provided under this part shall be used in accordance with the
Training programs by contractors subject to affirmative action obligations, see section 1781 of
job training plan to provide authorized services to disadvantaged youth and
this title.
adults. Except as provided in paragraph (2), not less than 40 percent of the
funds available for such services shall be expended to provide such services
to eligible youth.
§ 1604. Use of funds
(2) To the extent that the ratio of economically disadvantaged youth to
Services which may be made available to youth and adults with funds
economically disadvantaged adults in the service delivery area differs from
provided under this subchapter may include, but need not be limited to-
the ratio of such individuals nationally (as published by the Secretary), the
(1) job search assistance,
amount which shall be required to be expended for services for youth under
(2) job counseling,
paragraph (1) shall be reduced or increased proportionately in accordance
(3) remedial education and basic skills training,
with regulations prescribed by the Secretary.
(4) institutional skill training,
(3) Recipients of payments made under the program of aid to families
(5) on-the-job training,
with dependent children under a State plan approved under part A of title
(6) programs of advanced career training which provide a formal
IV of the Social Security Act [42 U.S.C.A. § 601 et seq.] who are required
combination of on-the-job and institutional training and internship
to, or have, registered under section 402(a)(19) of that Act [42 U.S.C.A.
assignments which prepare individuals for career employment,
§ 602(a)(19)] and eligible school dropouts shall be served on an equitable
(7) training programs operated by the private sector, including those
basis, taking into account their proportion of economically disadvantaged
operated by labor organizations or by consortia of private sector
persons sixteen years of age or over in the area. For purposes of this
employers utilizing private sector facilities, equipment, and personnel to
paragraph, a school dropout is an individual who is neither attending any
train workers in occupations for which demand exceeds supply,
school nor subject to a compulsory attendance law and who has not received
a secondary school diploma or a certificate from a program of equivalency
(8) outreach to make individuals aware of, and encourage the use of
for such a diploma.
employment and training services,
(9) specialized surveys not available through other labor market
(4) In each service delivery area the ratio of participants in on-the-job
information sources,
training assisted under this subchapter in the public sector to participants in
such training in the private sector shall not exceed the ratio between civilian
(10) programs to develop work habits and other services to individu-
governmental employment and nongovernmental employment in such area.
als to help them obtain and retain employment,
(11) supportive services necessary to enable individuals to participate
(c) Definitions
in the program and to assist them in retaining employment for not to
For purposes of this subchapter-
exceed 6 months following completion of training,
(1) the term "youth" means an individual who is aged 16 through
(12) upgrading and retraining,
21, and
(13) education-to-work transition activities,
74
75
29 §
LABOR
Ch.
19
Ch. 19 JOB TRAINING PARTNERSHIP
605
(14) literacy training and bilingual training,
school diploma or who have educational deficiencies despite the attainment
(15) work experience,
of a diploma, with priority given to high school dropouts.
(16) vocational exploration,
(2) The education for employment programs may provide for the mainte-
(17) attainment of certificates of high school equivalency,
nance of a network of learning centers offering individualized or group
(18) job development,
instruction in convenient locations, such as schools, neighborhood organiza-
(19) employment generating activities to increase job opportunities
tions, libraries, and other sites, including mobile vans in rural areas.
for eligible individuals in the area,
(3) The curricula provided by such network shall be designed to prepare
(20) pre-apprenticeship programs,
the student to meet State and locally determined general education diploma
(21) disseminating information on program activities to employers,
and basic education competency requirements.
(22) use of advanced learning technology for education, job prepara-
(4) For purposes of this section, priority shall be given in the selection of
tion, and skills training,
service providers to previously funded in-school and community based
(23) development of job openings,
organization projects which are both cost-effective and of demonstrated
(24) on-site industry-specific training programs supportive of indus-
success, and which otherwise meet criteria under this chapter.
trial and economic development,
(25) followup services with participants placed in unsubsidized em-
(c) Preemployment skills training program; maximum hours; activities
ployment,
(1) The job training plan may provide for the conduct of a "preemploy-
(26) coordinated programs with other Federal employment-related
ment skills training program" for youth, and individuals aged 14 and 15,
activities,
with priority being given to those individuals who do not meet established
(27) needs-based payments necessary to participation in accordance
levels of academic achievement and who plan to enter the full-time labor
with a locally developed formula or procedure, and
market upon leaving school.
(28) customized training conducted with a commitment by an em-
(2) The preemployment skill training program may provide youth up to
ployer or group of employers to employ an individual upon successful
200 hours of instruction and activities.
completion of that training.
(3) The instruction and activities may include-
(Pub.L. 97-300, Title II, § 204, Oct. 13, 1982, 96 Stat. 1361.)
(A) assessment, testing, and counseling;
Historical Note
(B) occupational career and vocational exploration;
(C) job search assistance;
Legislative History. For legislative history
and purpose of Pub. L. 97-300, see 1982 U.
(D) job holding and survival skills training;
S. Code Cong. and Adm. News, p. 2636.
(E) basic life skills training;
Cross References
(F) remedial education;
Costs of program support not included in limit on funds for administration, see section 1518 of
(G) labor market information; and
this title.
(H) job-seeking skills training.
Exemplary youth programs, see section 1605 of this title.
(d) Entry employment experience program; unemployment and education
requirements; maximum hours; types of experience
§
1605. Exemplary youth programs
(1) The job training plan may provide for the conduct of an "entry
(a) Optional programs
employment experience program" for youth who-
In addition to the services for youth which may be available in accord-
ance with section 1604 of this title, the job training plan may, at the option
(A) have completed preemployment skills training or its equivalent;
of those responsible for its preparation, elect to include one or more of the
(B) have not recently held a regular part-time or summer job for
exemplary youth programs described in subsections (b) through (e) of this
more than 250 hours of paid employment, except that this paragraph
section, each of which may be modified by the plan to accommodate local
may be waived in accordance with criteria established in the job
conditions.
training plan; and
(b) Education for employment program; locations; local educational
(C) are enrolled in a secondary school or an institution offering a
criteria; priority for existing projects
certified high school equivalency program and are meeting or have met
(1) The job training plan may provide for the conduct of an "education
the minimum academic and attendance requirements of that school or
for employment program" for eligible youth who have not attained a high
education program during the current or most recent term,
76
77
29 §
LABOR
Ch.
19
Ch. 19 JOB TRAINING PARTNERSHIP
632
with priority given to youth who do not plan to continue on to postsecond-
(C) the Job Corps.
ary education.
(Pub.L. 97-300, Title II, § 205, Oct. 13, 1982, 96 Stat. 1362.)
(2) Entry employment experiences may be up to 20 hours weekly during
Historical Note
the school year or full time during the summer and holidays, for a total of
not to exceed 500 hours of entry employment experience for any individual.
References in Text. This chapter, referred
to the Code, see Short Title note set out
Such experiences shall be appropriately supervised, including the mainte-
to in subsec. (b)(4), was in the original "this
under section 1501 of this title and Tables
Act", meaning Pub.L. 97-300, Oct. 13, 1982,
volume.
nance of standards of attendance and worksite performance.
96 Stat. 1322, as amended, known as the Job
Training Partnership Act, which is classified
Legislative History. For legislative history
(3) Entry employment experiences may be one of the following types:
principally to this chapter (section 1501 et
and purpose of Pub. L. 97-300, see 1982 U.
(A) Full-time employment opportunities in public and private non-
seq.). For complete classification of this Act
S. Code Cong. and Adm. News, p. 2636.
profit agencies during the summer and on a part-time basis in combina-
Cross References
tion with education and training activities. These jobs shall provide
community improvement services that complement local expenditures.
Requirements for subsidized youth employment, see section 1551 of this title.
Work experience expenditures limitation, see section 1518 of this title.
(B) Tryout employment at private for-profit worksites, or at public
and private nonprofit worksites when private for-profit worksites are
not available. Compensation in lieu of wages for tryout employment
PART B-SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAMS
shall be paid by the grant recipient, but the length of any assignment to
a tryout employment position shall not exceed 250 hours. Tryout
§ 1631. Funding
employment positions shall be ones for which participants would not
usually be hired (because of lack of experience or other barriers to
(a) Allocation to insular possessions and Native American programs
employment), and vacancies in such positions may not be refilled if the
From the funds appropriated under section 1502(b) of this title, the
previous participant completed the tryout employment but was not
Secretary shall first allocate to Guam, the Virgin Islands, American Samoa,
hired by the employer.
the Trust Territory of the Pacific Islands, the Northern Mariana Islands,
(C) Cooperative education programs to coordinate educational pro-
and entities eligible under section 1671 of this title the same percentage of
funds as were available to such areas and entities for the summer youth
grams with work in the private sector.
program in the fiscal year preceding the fiscal year for which the determina-
(e) School-to-work transition assistance program; high school seniors and
tion is made.
dropouts eligible; services; referral to other programs
(1) The job training plan may provide for the conduct of a "school-to-
(b) Allotment among States; allocation among service delivery areas
work transition assistance program" for youth who are-
The remainder of sums appropriated pursuant to section 1502(b) of this
(A) high school seniors who plan to enter the full-time labor market
title shall be allotted among States in accordance with section 1601(b) of
upon graduation, with priority to seniors in high schools having a
this title and allocated among service delivery areas within States in
predominance of students from families with incomes below 70 percent
accordance with section 1602(a)(2) and (3) of this title.
of the lower living standard income level; and
(Pub.L. 97-300, Title II, § 251, Oct. 13, 1982, 96 Stat. 1364.)
(B) dropouts, with followup as immediately as possible after leaving
Historical Note
school.
Legislative History. For legislative history
(2) Transition services include-
and purpose of Pub. L. 97-300, see 1982 U.
(A) provision of occupational information;
S. Code Cong. and Adm. News, p. 2636.
(B) short-duration job search assistance;
(C) job clubs;
§ 1632. Use of funds
(D) placement and job development; and
Funds available under this part may be used for-
(E) followup.
(1) basic and remedial education, institutional and on-the-job train-
(3) Seniors and dropouts who are eligible for and in need of training
ing, work experience programs, employment counseling, occupational
training preparation for work, outreach and enrollment activities,
activities may be provided information and, where appropriate, referred to-
employability assessment, job referral and placement, job search and
(A) preemployment skills training, entry employment experience,
job club activities, and any other employment or job training activity
and remedial education;
designed to give employment to eligible individuals or prepare them for,
(B) adult training activities; and
and place them in, employment; and
79
78
Ch. 19 JOB TRAINING PARTNERSHIP
651
29 §
LABOR Ch. 19
SUBCHAPTER III-EMPLOYMENT AND TRAINING ASSISTANCE
(2) supportive services necessary to enable such individuals to partic-
FOR DISLOCATED WORKERS
ipate in the program.
(Pub.L. 97-300, Title II, § 252, Oct. 13, 1982, 96 Stat. 1364.)
Cross References
Authorization of appropriations, see section 1502 of this title.
Historical Note
Establishment of State fiscal control and fund accounting procedures, see section 1574 of this
title.
Legislative History. For legislative history
Performance standards, see section 1516 of this title.
and purpose of Pub. L. 97-300, see 1982 U.
Plan coordination with State and local services and resources, see section 1531 of this title.
S. Code Cong. and Adm. News, p. 2636.
§ 1633. Limitations
§ 1651. Allocation of funds
(a) Summer operation
(a) Reserved portion of allocation
Programs under this part shall be conducted during the summer months.
From the amount appropriated to carry out this subchapter for any fiscal
year, the Secretary may reserve up to 25 percent of such amount for use by
(b) Economically disadvantaged youth
the States in accordance with subsection (c) of this section.
Except as provided in subsection (c) of this section, individuals eligible
(b) Allocations for various proportions of unemployed
under this part shall be economically disadvantaged youth.
The Secretary shall allot the remainder of the amount appropriated to
(c) Individuals aged 14 or 15 eligible
carry out this subchapter for any fiscal year among the States as follows:
Eligible individuals aged 14 or 15 shall, if appropriate and set forth in the
(1) One-third of the remainder of such amount shall be allotted
job training plan, be eligible for summer youth programs under this part.
among the States on the basis of the relative number of unemployed
(Pub.L. 97-300, Title II, § 253, Oct. 13, 1982, 96 Stat. 1364.)
individuals who reside in each State as compared to the total number of
unemployed individuals in all the States.
Historical Note
(2) One-third of the remainder of such amount shall be allotted
Legislative History. For legislative history
among the States on the basis of the relative excess number of
and purpose of Pub. L. 97-300, see 1982 U.
unemployed individuals who reside in each State as compared to the
S. Code Cong. and Adm. News, p. 2636.
total excess number of unemployed individuals in all the States. For
purposes of this paragraph, the term "excess number" means the
number which represents unemployed individuals in excess of 4.5
§ 1634. Applicable provisions
percent of the civilian labor force in the State.
Private industry councils established under subchapter I of this chapter,
(3) One-third of the remainder of such amount shall be allotted
chief elected officials, State job training coordinating councils, and Gover-
among the States on the basis of the relative number of individuals who
nors shall have the same authority, duties, and responsibilities with respect
have been unemployed for fifteen weeks or more and who reside in
each State as compared to the total number of such individuals in all
to planning and administration of funds available under this part as private
the States.
industry councils, chief elected officials, State job training coordinating
councils, and Governors have for funds available under part A of this
(c) Training and assistance for Individuals affected by mass unemployment
subchapter.
The Secretary shall make available the sums reserved under subsection (a)
of this section for the purpose of providing training, retraining, job search
(Pub.L. 97-300, Title II, § 254, Oct. 13, 1982, 96 Stat. 1364.)
assistance, placement, relocation assistance, and other aid (including any
activity authorized by section 1653 of this title) to individuals who are
Historical Note
affected by mass layoffs, natural disasters, Federal Government actions
and enacted a provision set out as a note
(such as relocations of Federal facilities), or who reside in areas of high
References in Text. Subchapter I of this
chapter, referred to in text, was in the origi-
under former section 801 of this title. For
unemployment or designated enterprise zones. In order to qualify for
nal "title I", meaning Title I of Pub.L.
complete classification of Title I of Pub.L.
assistance from funds reserved by the Secretary under subsection (a) of this
97-300, which enacted subchapter I of this
97-300 to the Code, see Tables volume.
section, a State shall, in accordance with regulations promulgated by the
chapter, amended section 665 of Title 18,
Legislative History. For legislative history
Secretary establishing criteria for awarding assistance from such funds,
Crimes and Criminal Procedure, repealed
and purpose of Pub. L. 97-300, see 1982 U.
submit an application identifying the need for such assistance and the types
chapter 17 (section 801 et seq.) of this title,
S. Code Cong. and Adm. News, p. 2636.
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Ch. 19 JOB TRAINING PARTNERSHIP
653
of, and projected results expected from, activities to be conducted with such
(2) The State shall determine whether training opportunities for such
funds.
employment opportunities exist or could be provided within the local labor
market area.
(d) Authorization for reallotment of State share unobligated within year
(d) Acceptance of local training as unemployment benefits
The Secretary is authorized to reallot any amount of any allotment to a
State to the extent that the Secretary determines that the State will not be
Whenever training opportunities pursuant to subsection (c) of this section
able to obligate such amount within one year of allotment.
are identified, information concerning the opportunities shall be made
available to the individuals. The acceptance of training for such opportuni-
(Pub.L. 97-300, Title III, § 301, Oct. 13, 1982, 96 Stat. 1364.)
ties shall be deemed to be acceptance of training with the approval of the
State within the meaning of any other provision of Federal law relating to
Historical Note
unemployment benefits.
Legislative History. For legislative history
and purpose of Pub. L. 97-300, see 1982 U.
(Pub.L. 97-300, Title III, § 302, Oct. 13, 1982, 96 Stat. 1365.)
S. Code Cong. Adm. News, p. 2636.
Historical Note
Cross References
References in Text. Subchapter I of this
and enacted a provision set out as a note
Demonstration of State assistance matching, see section 1654 of this title.
chapter, referred to in subsec. (b), was in the
under former section 801 of this title. For
Nonapplicability of limitations to certain reserved funds, see section 1657 of this title.
original "title I of this Act", meaning Title I
complete classification of Title I of Pub.L.
of Pub.L. 97-300, which enacted subchapter I
97-300 to the Code, see Tables volume.
Code of Federal Regulations
of this chapter, amended section 665 of Title
Legislative History. For legislative history
18, Crimes and Criminal Procedure, repealed
and purpose of Pub.L. 97-300, see 1982 U.S.
Programs, see 20 CFR 629.1 et seq., 631.1 et seq.
chapter 17 (section 801 et seq.) of this title,
Code Cong. and Adm. News, p. 2636.
§ 1652. Identification of dislocated workers
§ 1653. Authorized activities
(a) Authorization to establish procedures; definition
Each State is authorized to establish procedures to identify substantial
(a) Assistance for obtaining unsubsidized employment
groups of eligible individuals who—
Financial assistance provided to States under this subchapter may be used
(1) have been terminated or laid-off or who have received a notice of
to assist eligible individuals to obtain unsubsidized employment through
termination or lay-off from employment, are eligible for or have
training and related employment services which may include, but are not
exhausted their entitlement to unemployment compensation, and are
limited to-
unlikely to return to their previous industry or occupation;
(1) job search assistance, including job clubs,
(2) have been terminated, or who have received a notice of termi-
(2) job development,
nation of employment, as a result of any permanent closure of a plant
(3) training in jobs skills for which demand exceeds supply,
or facility; or
(3) are long-term unemployed and have limited opportunities for
(4) supportive services, including commuting assistance and financial
employment or reemployment in the same or a similar occupation in
and personal counseling,
the area in which such individuals reside, including any older individu-
(5) pre-layoff assistance,
als who may have substantial barriers to employment by reason of age.
(6) relocation assistance, and
(b) Assistance by private industry council
(7) programs conducted in cooperation with employers or labor
The State may provide for the use of the private industry councils
organizations to provide early intervention in the event of closures of
established under subchapter I of this chapter to assist in making the
plants or facilities.
identification established under subsection (a) of this section.
(b) Relocation assistance and conditions
(c) Determination of job opportunities for eligible individuals; determination
of local training opportunities
Relocation assistance may be provided if the State determines (1) that the
(1) Whenever a group of eligible individuals is identified under subsection
individual cannot obtain employment within the individual's commuting
(a) of this section, the State, with the assistance of the private industry
area, and (2) that the individual has secured suitable long-duration employ-
council, shall determine what, if any, job opportunities exist within the local
ment or obtained a bona fide job offer in a relocation area in a State.
labor market area or outside the labor market area for which such individu-
(Pub.L. 97-300, Title III, § 303, Oct. 13, 1982, 96 Stat. 1366.)
als could be retrained.
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LABOR Ch. 19
Ch. 19 JOB TRAINING PARTNERSHIP
57
Historical Note
§ 1655. Program review
Legislative History. For legislative history
Except for programs of assistance operated on a statewide or industry-
and purpose of Pub.L. 97-300, see 1982 U.S.
Code Cong. and Adm. News, p. 2636.
wide basis, no program of assistance conducted with funds made available
under this subchapter may, be operated within any service delivery area
Cross References
without a 30-day period for review and recommendation by the private
Funds for training and assistance for individuals affected by mass unemployment, see section
industry council and appropriate chief elected official or officials for such
1651 of this title.
area. The State shall consider the recommendation of such private industry
council and chief elected official or officials before granting final approval of
such program, and in the event final approval is granted contrary to such
§ 1654. Matching requirement
recommendation, the State shall provide the reasons therefor in writing to
the appropriate private industry council and chief elected official or officials.
(a) Demonstration of State assistance matching; reduction of matching
requirement In high unemployment States; Secretary's annual
(Pub.L. 97-300, Title III, § 305, Oct. 13, 1982, 96 Stat. 1367.)
determination of average rate of unemployment
Historical Note
(1) In order to qualify for financial assistance under this subchapter, a
State shall demonstrate, to the satisfaction of the Secretary, that it will
Legislative History. For legislative history
expend for purposes of services assisted under this subchapter, an amount
and purpose of Pub.L. 97-300, see 1982 U.S.
Code Cong. and Adm. News, p. 2636.
from public or private non-Federal sources equal to the amount made
available to that State under section 1651(b) of this title.
(2) Whenever the average rate of unemployment for a State is higher than
§ 1656. Consultation with labor organizations
the average rate of unemployment for all States, the non-Federal matching
Any assistance program conducted with funds made available under this
funds described in paragraph (1) required to be provided by such State for
subchapter which will provide services to a substantial number of members
that fiscal year shall be reduced by 10 percent for each 1 percent, or portion
of a labor organization shall be established only after full consultation with
thereof, by which the average rate of unemployment for that State is greater
such labor organization.
than the average rate of unemployment for all States.
(Pub.L. 97-300, Title III, § 306, Oct. 13, 1982, 96 Stat. 1367.)
(3) The Secretary shall determine the average rate of unemployment for a
State and the average rate of unemployment for all States for each fiscal
Historical Note
year on the basis of the most recent twelve-month period prior to that fiscal
Legislative History. For legislative history
year.
and purpose of Pub.L. 97-300, see 1982 U.S.
Code Cong. and Adm. News, p. 2636.
(b) Scope of non-Federal matching funds; unemployment benefits to
trainees as matching funds
(1) Such non-Federal matching funds shall include the direct cost of
1657. Limitations
employment or training services under this subchapter provided by State or
local programs (such as vocational education), private nonprofit organiza-
(a) Portion of funds available for administration
tions, or private for-profit employers.
Except as provided in subsection (b) of this section, there shall be
(2) Funds expended from a State fund to provide unemployment insur-
available for supportive services, wages, allowances, stipends, and costs of
ance benefits to an eligible individual for purposes of this subchapter and
administration, not more than 30 percent of the Federal funds available
who is enrolled in a program of training or retraining under this subchapter
under this subchapter in each State.
may be credited for up to 50 percent of the funds required to be expended
from non-Federal sources as required by this section.
(b) Nonapplicability to certain reserved funds
The funds to which the limitation described in subsection (a) of this
(Pub.L. 97-300, Title III, § 304, Oct. 13, 1982, 96 Stat. 1366.)
section applies shall not include the funds referred to in section 1651(a) of
this title. In no event shall such limitation apply to more than 50 percent
Historical Note
of the total amount of Federal and non-Federal funds available to a
Legislative History. For legislative history
program.
and purpose of Pub.L. 97-300, see 1982 U.S.
(Pub.L. 97-300, Title III, § 307, Oct. 13, 1982, 96 Stat. 1367.)
Code Cong. and Adm. News. p. 2636.
85
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LABOR Ch. 19
Ch. 19 JOB TRAINING PARTNERSHIP
671
Historical Note
by the provisions of this section, (1) such programs shall be administered at
the national level; (2) such programs shall be available to federally recog-
Legislative History. For legislative history
nized Indian tribes, bands, and groups and to other groups and individuals
and purpose of Pub. L. 97-300, see 1982 U.S.
Code Cong. and Adm. News, p. 2636.
of Native American descent; and (3) such programs shall be administered
in such a manner as to maximize the Federal commitment to support
growth and development as determined by representatives of the communi-
§ 1658. State plans; coordination with other programs
ties and groups served by this section.
Any State which desires to receive financial assistance under this sub-
(c) Operation through Native American organizations where possible
chapter shall submit to the Secretary a plan for the use of such assistance
which shall include appropriate provisions for the coordination of programs
(1)(A) In carrying out responsibilities under this section, the Secretary
conducted with such assistance with low-income weatherization and other
shall, wherever possible, utilize Indian tribes, bands, or groups on Federal or
energy conservation programs, and social services, in accordance with the
State reservations, Oklahoma Indians, and including for the purpose of this
provisions of section 1531 of this title.
chapter, Alaska Native villages or groups as defined in the Alaska Native
Claims Settlement Act [43 U.S.C.A. $ 1601 et seq.], having a governing
(Pub.L. 97-300, Title III, § 308, Oct. 13, 1982, 96 Stat. 1367; Pub.L. 97-404, § 3,
body for the provision of employment and training services under this
Dec. 31, 1982, 96 Stat. 2026.)
section. When the Secretary determines that such tribe, band, or group has
demonstrated the capability to effectively administer a comprehensive em-
Historical Note
ployment and training program, the Secretary shall require such tribe, band,
1982 Amendment. Pub.L. 97-404, substi-
Legislative History. For legislative history
or group to submit a comprehensive plan meeting such requirements as the
tuted "with" for ", as described in section
and purpose of Pub. L. 97-300, see 1982 U.S.
1531 of this title," following "with such as-
Code Cong. and Adm. News, p. 2636.
Secretary prescribes.
sistance" and added ", in accordance with the
(B) The Secretary shall arrange for programs to meet the employment
provisions of section 1531 of this title".
and training needs of Hawaiian natives through such organizations as the
Secretary determines will best meet their needs.
SUBCHAPTER IV-FEDERALLY ADMINISTERED PROGRAMS
(2) In carrying out responsibilities under this section, the Secretary shall
Cross References
make arrangements with organizations (meeting requirements prescribed by
Authorization of appropriations, see section 1502 of this title.
the Secretary) serving nonreservation Native Americans for programs and
projects designed to meet the needs of such Native Americans for employ-
ment and training and related services.
PART A-EMPLOYMENT AND TRAINING PROGRAMS FOR NATIVE AMERICANS
AND MIGRANT AND SEASONAL FARMWORKERS
(d) Alternative operation through approved organizations
Cross References
Whenever the Secretary determines not to utilize Indian tribes, bands, or
groups for the provision of employment and training services under this
Authorization of appropriations, see section 1502 of this title.
section, the Secretary shall, to the maximum extent feasible, enter into
arrangements for the provision of such services with organizations which
§ 1671. Native American programs
meet with the approval of the tribes, bands, or groups to be served.
(a) Congressional findings
(e) Monitoring of programs
The Congress finds that (1) serious unemployment and economic disad-
The Secretary is directed to take appropriate action to establish adminis-
vantages exist among members of Indian, Alaskan Native, and Hawaiian
trative procedures and machinery (including personnel having particular
Native communities; (2) there is a compelling need for the establishment of
competence in this field) for the selection, administration, monitoring, and
comprehensive training and employment programs for members of those
evaluation of Native American employment and training programs authoriz-
communities; and (3) such programs are essential to the reduction of
ed under this chapter.
economic disadvantages among individual members of those communities
and to the advancement of economic and social development in the commu-
(f) Availability of funds for other job training activities
nities consistent with their goals and lifestyles.
Funds available for this section shall be expended for programs and
(b) Congressional declaration of guidelines
activities consistent with the purposes of this section including but not
The Congress therefore declares that, because of the special relationship
limited to such programs and activities carried out by recipients under other
between the Federal Government and most of the individuals to be served
provisions of this chapter.
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