Page images
PDF
EPUB

authority to take appropriate disciplinary measures against enrollees including, but not limited to, dismissal from the Job Corps, subject to expeditious appeal procedures to higher authority, as provided under regulation set by the Director.

(c) The Director shall establish appropriate procedures to insure that the transfer of Job Corps enrollees from State or local jurisdiction shall in no way violate parole or probationary procedures of the State. In the event procedures have been established under which the enrollment of a youth subject to parole or probationary jurisdiction is acceptable to appropriate State authorities, the Director shall make provisions for regular supervision of the enrollee and for reports to such State authorities to conform with the appropriate parole and probationary requirements in such State.

EXPERIMENTAL AND DEMONSTRATION PROJECTS

SEC. 111-1. The Director shall arrange, through grants or contracts, for the carrying out of experimental and demonstration projects (of which not to exceed four may involve the construction of new camps or centers) providing youth employment and training on a combined residential and nonresidential basis. Such projects may involve the use of resources or authority under both this part and part B of this title, pursuant to agreements with the Secretary of Labor where funds under part B of this title are so used, and the Director is authorized to waive any provision of such parts which he finds would prevent the carrying out of elements of such projects essential to a determination and demonstration of their feasibility and usefulness. The Director shall report to the Congress a full description of actions taken and progress made under this section no later than March 1, 1968. PART B-WORK-TRAINING PROGRAMS

NEIGHBORHOOD YOUTH CORPS

SEC. 112. (a) The Director shall formulate and carry out

(1) programs to provide part-time employment, on-the-job training, and useful work experience for students from low-income families who are in the ninth through twelfth grades of school (or are of an age equivalent to that of students in such grades) who are in need of the earnings to permit them to resume or maintain attendance in school, and

(2) programs to provide unemployed individuals useful work experience and on-the-job training, combined where needed with educational and training assistance, including basic literacy and occupational training designed to assist the individuals to develop their maxiumm occupational potential. Enrollment shall be limited to individuals aged sixteen through twenty-one years. (b) In determining for purposes of paragraph (1) of subsection (a) whether a student is from a low-income family, the Director shall consider a student to be from such a family if the family receives cash welfare payments.

FINANCIAL ASSISTANCE

SEC. 113. (a) The Director is authorized to enter into agreements providing for the payment by him of part or all of the cost of a program submitted under section 112 if he determines, in accordance with such regulations as he may prescribe, that

(1) enrollees will be employed either (A) on publicly owned and operated facilities or projects, or (B) on local projects sponsored by private organizations;

(2) no enrollees will be employed on projects involving political parties, or the construction, operation, or maintenance of so much of any facility as is used or to be used for sectarian instruction or as a place for religious worship;

(3) the program will not result in the displacement of employed workers or impair existing contracts for services; and

(4) the rates of pay for time spent in work, training or education and other conditions of employment will be appropriate and reasonable in the light of such factors as the type of work performed, geographical region, and proficiency of the employee. (b) In approving on-the-job training projects with other than public or private nonprofit organizations, the Director is authorized to enter into agreements to pay reasonable training costs but not wages paid to enrollees for services performed.

(c) In approving projects under this part, the Director shall give priority to projects with high training potential and high potential for contributing to the upward mobility of the trainee.

ENROLLEES IN PROGRAM

SEC. 114. (a) Enrollment in programs under this part shall be limited to young men and women who are permanent residents of the United States, and whose participation in such programs will be consistent with the purposes of this part. For purposes of this subsection, any native and citizen of Cuba who arrived in the United States from Cuba as a nonimmigrant or as a parolee subsequent to January 1, 1959, under the provisions of section 214(a) or 212(d) (5), respectively, of the Immigration and Nationality Act shall be considered a permanent resident of the United States.

(b) Enrollees shall be deemed not to be Federal employees and shall not be subject to the provisions of laws relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits.

(c) Where appropriate to carry out the purposes of this Act, the Director may provide for testing, counseling, job development, and referral services to youths through public agencies or private organizations.

LIMITATIONS ON FEDERAL ASSISTANCE

SEC. 115. Federal assistance to any program pursuant to this part shall not exceed 90 percentum of the costs of such program, including costs of administration, unless the Director determines, pursuant to regulations adopted and promulgated by him establishing objective criteria for such determinations, that assistance in excess of such per

centages is required in furtherance of the purposes of this part. NonFederal contributions may be in cash or in kind, fairly evaluated, including but not limited to plant, equipment, and services.

EQUITABLE DISTRIBUTION OF ASSISTANCE

SEC. 116. The Director shall establish criteria designed to achieve an equitable distribution of assistance under this part among the States. In developing such criteria, he shall consider among other relevant factors the ratios of population, unemployment, and family income levels. Not more than 122 per centum of the sums appropriated or allocated for any fiscal year to carry out the purposes of this part shall be used within any one State.

PART C-WORK-STUDY PROGRAMS

STATEMENT OF PURPOSE

SEC. 121. The purpose of this part is to stimulate and promote the part-time employment of students, particularly students from lowincome families, in institutions of higher education who are in need of the earnings from such employment to pursue courses of study at such institutions.

ALLOTMENTS TO STATES

SEC. 122. (a) From the sums appropriated to carry out this title for a fiscal year, the Commissioner of Education (hereinafter in this part referred to as the "Commissioner") shall reserve the amount needed for making grants under section 123. Not to exceed 2 per centum of the amount so reserved shall be allotted by the Director among Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Virgin Islands according to their respective needs for assistance under this part. The remainder of the sums so reserved shall be allotted among the states as provided in subsection (b).

(b) Of the sums being allotted under this subsection

(1) one-third shall be allotted by the Commissioner among the States so that the allotment to each State under this clause will be an amount which bears the same ratio to such one-third as the number of persons enrolled on a full-time basis in institutions of higher education in such State bears to the total number of persons enrolled on a full-time basis in institutions of higher education in all the States,

(2) one-third shall be allotted by the Commissioner among the States so that the allotment to each State under this clause will be an amount which bears the same ratio to such one-third as the number of high school graduates (as defined in section 103 (d) (3) of the Higher Education Facilities Act of 1963) of such State bears to the total number of such high school graduates of all the States, and

(3) one-third shall be allotted by him among the States so that the allotment to each State under this clause will be an amount which bears the same ratio to such one-third as the number of related children under eighteen years of age living in families with annual incomes of less than $3,000 in such State bears to the

number of related children under eighteen years of age living in families with annual incomes of less than $3,000 in all the States. (c) The amount of any State's allotment which has not been granted to an institution of higher education under section 123 at the end of the fiscal year for which appropriated shall be reallotted by the Commissioner, in such manner as he determines will best assist in achieving the purposes of this Act. Amounts reallotted under this subsection shall be available for making grants under section 123 until the close of the fiscal year next succeeding the fiscal year for which appropriated.

(d) For purposes of this section, the term "State" does not include Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Virgin Islands.

GRANTS FOR WORK-STUDY PROGRAMS

SEC. 123. (a) The Commissioner is authorized to enter into agreements with institutions of higher education under which the Commissioner will make grants to such institutions to assist in the operation of work-study programs as hereinafter provided.

(b) For the purposes of this part

(1) The term "institution of higher education" means an educational institution in any State which (A) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such certificate, (B) is legally authorized within such State to provide a program of education beyond secondary education, (C) provides an educational program for which it awards a bachelor's degree or provides not less than a two-year program which is acceptable for full credit toward such a degree, (D) is a public or other nonprofit institution, and (E) is accredited by a nationally recognized accrediting agency or association approved by the Commissioner for this purpose or, if not so accredited, (i) is an institution with respect to which the Commissioner has determined that there is satisfactory assurance, considering the resources available to the institution, the period of time, if any, during which it has operated, the effort it is making to meet accreditation standards, and the purpose for which this determination is being made, that the institution will meet the accreditation standards of such an agency or association within a reasonable time, or (ii) is an institution whose credits are accepted on transfer by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited. Such term also includes any public or other nonprofit collegiate or associate degree school of nursing and any school which provides not less than a one-year program of training to prepare students for gainful employment in a recognized occupation and which meets the provisions of clauses (A), (B), (D), and (E). If the Commissioner determines that a particular category of such schools does not meet the requirements of clause (E) because there is no nationally recognized accrediting agency or association qualified to accredit schools in such category, he shall, pending the

establishment of such an accrediting agency or association, appoint an advisory committee, composed of persons specially qualified to evaluate training provided by schools in such category, which shall (I) prescribe the standards of content, scope, and quality which must be met in order to qualify schools in such category to participate in the program pursuant to this part, and (II) determine whether particular schools not meeting the requirements of clause (E) meet those standards. For purposes of this subsection, the Commissioner shall publish a list of nationally recognized accrediting agencies or associations which he determines to be reliable authority as to the quality of training offered. (2) The term "collegiate school of nursing" means a department, division, or other administrative unit in a college of university which provides primarily or exclusively an accredited program of education in professional nursing and allied subjects leading to the degree of bachelor of arts, bachelor of science, bachelor of nursing, or to an equivalent degree, or to a graduate degree in nursing.

(3) The term "associate degree school of nursing" means a department, division, or other administrative unit in a junior college, community college, college, or university which provides primarily or exclusively an accredited two-year program of education in professional nursing and allied subjects leading to an associate degree in nursing or to an equivalent degree.

(4) The term "accredited" when applied to any program of nurse education means a program accredited by a recognized body or bodies approved for such purpose by the Commissioner.

CONDITIONS OF AGREEMENTS

SEC. 124. An agreement entered into pursuant to section 123 shall— (a) provide for the operation by the institution of a program for the part-time employment of its students in work for the institution itself or work in the public interest for a public or private nonprofit organization under an arrangement between the institution and such organization, and such work

(1) will not result in the displacement of employed workers or impair existing contracts for services,

(2) will be governed such conditions of employment as will be appropriate and reasonable in light of such factors as type of work performed, geographical region, and proficiency of the employee, and

(3) does not involve the construction, operation, of maintainance of so much of any facility as is used or is to be used for sectarian instruction or as a place for religious worship; (b) provide that funds granted an institution of higher education, pursuant to section 123 may be used only to make payments to students participating in work-study programs, except that an institution may use a portion of the sums granted to it to meet administrative expenses, but the amount so used may not exceed 5 per centum of the payments made by the Commissioner to such institution for that part of the work-study program in which stu

« PreviousContinue »