PUBLIC LAW 97-300-OCT. 13, 1982 (2) representatives of educational agencies (representative of all educational agencies in the service delivery area), organized labor, rehabilitation agencies, community-based organizations, economic development agencies, and the public employment service. 96 STAT. 1329 (b) The Chairman of the council shall be selected from among Chairman. members of the council who are representatives of the private sector. (cX1XA) Private sector representatives on the council shall be selected from among individuals nominated by general purpose business organizations after consulting with, and receiving recommendations from, other business 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 under subsection (a)(1). Such nominations, and the individuals selected from such nominations, shall reasonably represent the industrial and demographic composition of the business community. Whenever possible, at least one-half of such business and industry representatives shall be representatives of small business, including minority business. (B) For the purpose of this paragraph, the term (i) "general purpose business organizations" means organizations which admit to membership any for-profit business operating within the service delivery area; and (ii) "small business" means private for-profit enterprises employing 500 or fewer employees. (2) Education representatives on the council shall be selected from among individuals nominated by local educational agencies, vocational education institutions, institutions of higher education, or general organizations of such agencies or institutions, and by private and proprietary schools or general organizations of such schools, within the service delivery area. (3) The remaining members of the council shall be selected from individuals recommended by interested organizations. Labor representatives shall be recommended by recognized State and local labor organizations or appropriate building trades councils. (d)(1) In any case in which there is only one unit of general local government with experience in administering job training programs within the service delivery area, the chief elected official of that unit shall appoint members to the council from the individuals nominated or recommended under subsection (c). (2) In any case in which there are two or more such units of general local government in the service delivery area, the chief elected officials of such units shall appoint members to the council from the individuals so nominated or recommended in accordance with an agreement entered into by such units of general local government. In the absence of such an agreement, the appointments shall be made by the Governor from the individuals so nominated or recommended. (e) The initial number of members of the council shall be determined (1) by the chief elected official in the case described in subsection (d)(1), (2) by the chief elected officials in accordance with the agreement in the case described in subsection (d)(2), or (3) by the Governor in the absence of such agreement. Thereafter, the number of members of the council shall be determined by the council. Private sector representatives. Definitions. Education representatives. Chief elected official. 96 STAT. 1330 Term. 29 USC 1513. PUBLIC LAW 97-300-OCT. 13, 1982 (f) Members shall be appointed for fixed and staggered terms and may serve until their successors are appointed. Any vacancy in the membership of the council shall be filled in the same manner as the original appointment. Any member of the council may be removed for cause in accordance with procedures established by the council. (g) The Governor shall certify a private industry council if the Governor determines that its composition and appointments are consistent with the provisions of this subsection. Such certification shall be made or denied within 30 days after the date on which a list of members and necessary supporting documentation are submitted to the Governor. When the Governor certifies the council, it shall be convened within 30 days by the official or officials who made the appointments to such council under subsection (d). (h) In any case in which the service delivery area is a State, the State job training coordinating council or a portion of such council may be reconstituted to meet the requirements of this section. FUNCTIONS OF PRIVATE INDUSTRY COUNCIL SEC. 103. (a) It shall be the responsibility of the private industry council to provide policy guidance for, and exercise oversight with respect to, activities under the job training plan for its service delivery area in partnership with the unit or units of general local government within its service delivery area. (b)(1) The council, in accordance with an agreement or agreements with the appropriate chief elected official or officials specified in subsection (c), shall (A) determine procedures for the development of the job training 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 the service delivery area, or by an agency thereof, or (iii) by such other methods or institutions as may be provided in such agreement; and (B) select as a grant recipient and entity to administer the job training plan (which may be separate entities), (i) the council, (ii) a unit of general local government in its service delivery area, or an agency thereof, (iii) a nonprofit private organization or corporation, or (iv) any other agreed upon entity or entities. (2) The council is authorized to provide oversight of the programs conducted under the job training plan in accordance with procedures established by the council. In order to carry out this paragraph, the council shall have access to such information concerning the operations of such programs as is necessary. (c) For purposes of subsection (b), the appropriate chief elected official or officials means (1) the chief elected official of the sole unit of general local government in the service delivery area, (2) the individual or individuals selected by the chief elected officials of all units of general local government in such area as their authorized representative, or (3) in the case of a service delivery area designated under section 104(a)(4)(A)(iii), the representative of the chief elected official for such area (as defined in section 4(4)(C)). (d) No job training plan prepared under section 104 may be submitted to the Governor unless (1) the plan has been approved by the council and by the appropriate chief elected official or officials PUBLIC LAW 97-300-OCT. 13, 1982 specified in subsection (c), and (2) the plan is submitted jointly by the council and such official or officials. 96 STAT. 1331 (e) In order to carry out its functions under this Act, the council- Budget. (2) may hire staff, incorporate, and solicit and accept contributions and grant funds (from other public and private sources). (f) As used in this section, the term "oversight" means reviewing, "Oversight." monitoring, and evaluating. JOB TRAINING PLAN SEC. 104. (a) No funds appropriated for any fiscal year may be 29 USC 1514. provided to any service delivery area under this Act except pursuant to a job training plan for two program years which is prepared in accordance with section 103 and which meets the requirements of this section. (b) Each job training plan shall contain (1) identification of the entity or entities which will administer the program and be the grant recipient of funds from the State; (2) a description of the services to be provided, including the estimated duration of service and the estimated training cost per participant; (3) procedures for identifying and selecting participants and for eligibility determination and verification; (4) performance goals established in accordance with standards prescribed under section 106; (5) procedures, consistent with section 107, for selecting service providers which take into account past performance in job training or related activities, fiscal accountability, and ability to meet performance standards; (6) the budget for two program years and any proposed expenditures for the succeeding two program years, in such detail as is determined necessary by the entity selected to prepare this portion of the plan pursuant to section 103(b)(1)(B) and to meet the requirements of section 108; (7) a description of methods of complying with the coordination criteria contained in the Governor's coordination and special services plan; (8) if there is more than one service delivery area in a single labor market area, provisions for coordinating particular aspects of individual service delivery area programs, including (A) assessments of needs and problems in the labor market that form the basis for program planning; (B) provisions for ensuring access by program participants in each service delivery area to skills training and employment opportunities throughout the entire labor market; and (C) coordinated or joint implementation of job development, placement, and other employer outreach activities; (9) fiscal control, accounting, audit and debt collection procedures to assure the proper disbursal of, and accounting for, funds received under this title; and (10) procedures for the preparation and submission of an Report. annual report to the Governor which shall include— 96 STAT. 1332 29 USC 1515. Publication. Appeal. PUBLIC LAW 97-300–OCT. 13, 1982 (A) a description of activities conducted during the program year; (B) characteristics of participants; and (C) the extent to which the activities exceeded or failed to meet relevant performance standards. (c) If changes in labor market conditions, funding, or other factors require substantial deviation from an approved job training plan, the private industry council and the appropriate chief elected official or officials (as described in section 103(c)) shall submit a modification of such plan (including modification of the budget under subsection (b)(6)), which shall be subject to review in accordance with section 105. REVIEW AND APPROVAL OF PLAN SEC. 105. (a)(1) Not less than 120 days before the beginning of the first of the two program years covered by the job training plan(A) the proposed plan or summary thereof shall be published; and (B) such plan shall be made available for review and comment to (i) each house of the State legislature for appropriate referral; (ii) appropriate local educational and other public agencies in the service delivery area; and (iii) labor organizations in the area which represent employees having the skills in which training is proposed; and (C) such plan shall be reasonably available to the general public through such means as public hearings and local news facilities. (2) The final plan, or a summary thereof, shall be published not later than 80 days before the first of the two program years and shall be submitted to the Governor in accordance with section 103(d)(2). Any modification shall be published not later than 80 days before it is effective and shall be submitted to the Governor in accordance with such section. (bX1) The Governor shall approve the job training plan or modification thereof unless he finds that (A) corrective measures for deficiencies found in audits or in meeting performance standards from previous years have not been taken or are not acceptably underway; (B) the entity proposed to administer the program does not have the capacity to administer the funds; (C) there are inadequate safeguards for the protection of funds received; (D) the plan (or modification) does not comply with a particular provision or provisions of this Act or of regulations of the Secretary under this Act; or (E) the plan (or modification) does not comply with the criteria under section 121(b) for coordinating activities under this Act with related program activities. (2) The Governor shall approve or disapprove a job training plan (or modification) within 30 days after the date that the plan (or modification) is submitted, except that if a petition is filed under paragraph (3) such period shall be extended to 45 days. Any disapproval by the Governor may be appealed to the Secretary, who shall PUBLIC LAW 97–300—OCT. 13, 1982 make a final decision of whether the Governor's disapproval complies with paragraph (1) of this subsection within 45 days after receipt of the appeal. 96 STAT. 1333 (3XA) Interested parties may petition the Governor within 15 days Petition. of the date of submission for disapproval of the plan or modification thereof if (i) the party can demonstrate that it represents a substantial client interest, (ii) the party took appropriate steps to present its views and seek resolution of disputed issues prior to submission of the plan to the Governor, and (iii) the request for disapproval is based on a violation of statutory requirements. notification. (B) If the Governor approves the plan (or modification), the Gover- Petitioner, nor shall notify the petitioner in writing of such decision and the reasons therefor. Service delivery (c)(1) If a private industry council and the appropriate chief elected official or officials fail to reach the agreement required areas; redesignation. under section 103 (b) or (d) and, as a consequence, funds for a service delivery area may not be made available under section 104, then the Governor shall redesignate, without regard to sections 101 (a)(4) and (c)(1), the service delivery areas in the State to merge the affected area into one or more other service delivery areas, in order to promote the reaching of agreement. (2) In any State in which service delivery areas are redesignated under paragraph (1), private industry councils shall, to the extent necessary for the redesignation, be reconstituted and job training plans modified as required to comply with sections 102 and 103. Services under an approved plan shall not be suspended while the council is reconstituted and the plan is modified. (d) In any case in which the service delivery area is a State, the Plan submittal. plan (or modification) shall be submitted to the Secretary for approval. For the purpose of this subsection, the Secretary shall have the same authority as the Governor has under this section. PERFORMANCE STANDARDS SEC. 106. (a) The Congress recognizes that job training is an investment in human capital and not an expense. In order to determine whether that investment has been productive, the Congress finds that (1) it is essential that criteria for measuring the return on this investment be developed; and (2) the basic return on the investment is to be measured by the increased employment and earnings of participants and the reductions in welfare dependency. 29 USC 1516. Adult training (b)(1) The basic measure of performance for adult training programs under title II is the increase in employment and earnings and programs. the reductions in welfare dependency resulting from participation in the program. In order to determine whether these basic measures are achieved, the Secretary shall prescribe standards on the basis of appropriate factors which may include (A) placement in unsubsidized employment, (B) retention in unsubsidized employment, (C) the increase in earnings, including hourly wages, and (D) reduction in the number of individuals and families receiving cash welfare payments and the amounts of such payments. |