96 STAT. 1334 Youth programs. Post, p. 1357. Report to Modification. Report to PUBLIC LAW 97-300-OCT. 13, 1982 (2) In prescribing standards under this section the Secretary shall also designate factors for evaluating the performance of youth programs which, in addition to appropriate utilization of the factors described in paragraph (1), shall be (A) attainment of recognized employment competencies recognized by the private industry council, (B) elementary, secondary, and postsecondary school completion, or the equivalent thereof, and (C) enrollment in other training programs or apprenticeships, or enlistment in the Armed Forces. (3) The standards shall include provisions governing (A) the base period prior to program participation that will be used; (B) a representative period after termination from the program that is a reasonable indicator of postprogram earnings and cash welfare payment reductions; and (C) cost-effective methods for obtaining such data as is necessary to carry out this section, which, notwithstanding any other provision of law, may include access to earnings records, State employment security records, Federal Insurance Contributions Act records, State aid to families with dependent children records, statistical sampling techniques, and similar records or measures. (4) The Secretary shall prescribe performance standards relating gross program expenditures to various performance measures. (c) Within six months after the date of the enactment of this Act, the Secretary shall establish initial performance standards which are designed to contribute to the achievement of the performance goals set forth in subsection (bX1), based upon data accumulated under the Comprehensive Employment and Training Act, from the National Commission for Employment Policy, and from other appropriate sources. In the development of the initial standards under this subsection, the Secretary shall relate gross program expenditures to the accomplishment of program goals set forth in subsection (bX1). (d)1) The Secretary shall, not later than January 31, 1984, prescribe performance standards for the first program year under this Act to measure the results of the participation in the program to achieve the goals set forth in subsection (b)(1) based upon the initial standards established in subsection (c). (2) The Secretary, not later than six months after the completion of the first two program years, shall prepare and submit a report to the Congress containing the performance standards established under paragraph (1) of this subsection, together with an analysis of the manner in which the performance standards contribute to the achievement of the goals set forth in subsection (b)(1), including the relative importance of each standard to the accomplishment of such goals. (3) The Secretary shall prescribe variations in performance standards for special populations to be served, including Native Americans, migrant and seasonal farmworkers, and ex-offenders, taking into account their special circumstances. (4)A) The Secretary may modify the performance standards under this subsection not more often than once every two program years and such modifications shall not be retroactive. (B) The Secretary shall prepare and submit a report to the Congress containing any modifications established under subparagraph. (A), and the reasons for such modifications. PUBLIC LAW 97-300-OCT. 13, 1982 96 STAT. 1335 standards. (e) Each Governor may prescribe, within parameters established Variations of by the Secretary, variations in the standards under this subsection based upon specific economic, geographic, and demographic factors in the State and in service delivery areas within the State, the characteristics of the population to be served, and the type of services to be provided. (f) The National Commission for Employment Policy shall (1) advise the Secretary in the development of performance standards under this section for measuring results of participation in job training and in the development of parameters for variations of such standards referred to in subsection (e), (2) evaluate the usefulness of such standards as measures of desired performance, and (3) evaluate the impacts of such standards (intended or otherwise) on the choice of who is served, what services are provided, and the cost of such services in service delivery areas. Development of standards. (g) The Secretary shall prescribe performance standards for programs under title III based on placement and retention in unsubsi- Post, p. 1364. dized employment. (hX1) The Governor shall provide technical assistance to programs Reorganizaiton which do not meet performance criteria. If the failure to meet plan. performance standards persists for a second year, the Governor shall impose a reorganization plan. Such plan may restructure the private industry council, prohibit the use of designated service providers or make such other changes as the Governor deems necessary to improve performance. The Governor may also select an alternate entity to administer the program for the service delivery area. (2) The alternate administrative entity may be a newly formed private industry council or any agency jointly selected by the Governor and the chief elected official of the largest unit of general local government in the service delivery area. (3) No change may be made under this subsection without an opportunity for a hearing before a hearing officer. (4) The decision of the Governor may be appealed to the Secretary, Appeal. who shall make a final decision within 60 days of the receipt of the appeal. SELECTION OF SERVICE PROVIDERS SEC. 107. (a) The primary consideration in selecting agencies or 29 USC 1517. organizations to deliver services within a service delivery area shall be the effectiveness of the agency or organization in delivering comparable or related services based on demonstrated performance, in terms of the likelihood of meeting performance goals, cost, quality of training, and characteristics of participants. In complying with this subsection, proper consideration shall be given to communitybased organizations as service providers. (b) Funds provided under this Act shall not be used to duplicate Restrictions. facilities or services available in the area (with or without reimbursement) from Federal, State, or local sources, unless it is demonstrated that alternative services or facilities would be more effective or more likely to achieve the service delivery area's performance goals. (c) Appropriate education agencies in the service delivery area shall be provided the opportunity to provide educational services, unless the administrative entity demonstrates that alternative agencies or organizations would be more effective or would have greater Educational services. 96 STAT. 1326 20 USC 1141. 20 USC 2461. 20 USC 1088. PUBLIC LAW 97-300-OCT. 13, 1982 which, in relation to family size, was not in excess of the higher of (i) the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget, or (ii) 70 percent of the lower living standard income level; (C) is receiving food stamps pursuant to the Food Stamp Act of 1977; (D) is a foster child on behalf of whom State or local government payments are made; or (E) in cases permitted by regulations of the Secretary, is an adult handicapped individual whose own income meets the requirements of clause (A) or (B), but who is a member of a family whose income does not meet such requirements. (9) The term "Governor" means the chief executive of any State. (10) The term "handicapped individual" means any individual who has a physical or mental disability which for such individual constitutes or results in a substantial handicap to employment. (11) The term "Hawaiian native" means any individual any of whose ancestors were natives, prior to 1778, of the area which now comprises the State of Hawaii. (12) The term "institution of higher education" means any institution of higher education as that term is defined in section 1201(a) of the Higher Education Act of 1965. (13) The term "labor market area" means an economically integrated geographic area within which individuals can reside and find employment within a reasonable distance or can readily change employment without changing their place of residence. Such areas shall be identified in accordance with criteria used by the Bureau of Labor Statistics of the Department of Labor in defining such areas or similar criteria established by a Governor. (14) The term "local educational agency" means such an agency as defined in section 195(10) of the Vocational Education Act of 1963. (15) The term "low-income level" means $7,000 with respect to income in 1969, and for any later year means that amount which bears the same relationship to $7,000 as the Consumer Price Index for that year bears to the Consumer Price Index for 1969, rounded to the nearest $1,000. (16) The term "lower living standard income level" means that income level (adjusted for regional, metropolitan, urban, and rural differences and family size) determined annually by the Secretary based on the most recent "lower living family budget" issued by the Secretary. (17) The term “offender” means any adult or juvenile who is or has been subject to any stage of the criminal justice process for whom services under this Act may be beneficial or who requires assistance in overcoming artificial barriers to employment resulting from a record of arrest or conviction. (18) The term "postsecondary institution" means an institution of higher education as that term is defined in section 481(a)(1) of the Higher Education Act of 1965. (19) The term "private sector" means, for purposes of the State job training councils and private industry councils, persons who are owners, chief executives or chief operating officers of private for-profit employers and major nongovernmental employers, such as health and educational institutions or other PUBLIC LAW 97-300-OCT. 13, 1982 executives of such employers who have substantial management or policy responsibility. (20) The term "public assistance" means Federal, State, or local government cash payments for which eligibility is determined by a needs or income test. (21) The term "Secretary" means the Secretary of Labor. (22) The term "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, American Samoa, and the Trust Territory of the Pacific Islands. 96 STAT. 1327 (23) The term "State educational agency" means such an agency as defined in section 195(11) of the Vocational Education 20 USC 2461. Act of 1963. (24) The term “supportive services" means services which are necessary to enable an individual eligible for training under this Act, but who cannot afford to pay for such services, to participate in a training program funded under this Act. Such supportive services may include transportation, health care, special services and materials for the handicapped, child care, meals, temporary shelter, financial counseling, and other reasonable expenses required for participation in the training program and may be provided in-kind or through cash assistance. (25) The term "unemployed individuals" means individuals who are without jobs and who want and are available for work. The determination of whether individuals are without jobs shall be made in accordance with the criteria used by the Bureau of Labor Statistics of the Department of Labor in defining individuals as unemployed. (26) The term "unit of general local government" means any general purpose political subdivision of a State which has the power to levy taxes and spend funds, as well as general corporate and police powers. (27)(A) The term "veteran" means an individual who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable. (B) The term "disabled veteran" means (i) a veteran who is entitled to compensation under laws administered by the Veterans' Administration, or (ii) an individual who was discharged or released from active duty because of service-connected disability. (28) The term "vocational education" has the meaning provided in section 195(1) of the Vocational Education Act of 1963. TITLE I-JOB TRAINING PARTNERSHIP PART A-SERVICE DELIVERY SYSTEM ESTABLISHMENT OF SERVICE DELIVERY AREAS SEC. 101. (a)(1) The Governor shall, after receiving the proposal of 29 USC 1511. the State job training coordinating council, publish a proposed designation of service delivery areas for the State each of which— (A) is comprised of the State or one or more units of general local government; (B) will promote effective delivery of job training services; and 96 STAT. 1328 Request. Post, p. 1357. 29 USC 1512. PUBLIC LAW 97-300-OCT. 13, 1982 (C)(i) is consistent with labor market areas or standard metropolitan statistical areas, but this clause shall not be construed to require designation of an entire labor market area; or (ii) is consistent with areas in which related services are provided under other State or Federal programs. (2) The Council shall include in its proposal a written explanation of the reasons for designating each service delivery area. (3) Units of general local government (and combinations thereof), business organizations, and other affected persons or organizations shall be given an opportunity to comment on the proposed designation of service delivery areas and to request revisions thereof. (4)(A) The Governor shall approve any request to be a service delivery area from (i) any unit of general local government with a population of 200,000 or more; (ii) any consortium of contiguous units of general local government with an aggregate population of 200,000 or more which serves a substantial part of a labor market area; and (iii) any concentrated employment program grantee for a. rural area which served as a prime sponsor under the Comprehensive Employment and Training Act. (B) The Governor may approve a request to be a service delivery area from any unit of general local government or consortium of contiguous units of general local government, without regard to population, which serves a substantial portion of a labor market area. (C) If the Governor denies a request submitted under subparagraph (A) and the entity making such request alleges that the decision of the Governor is contrary to the provisions of this section, such entity may appeal the decision to the Secretary, who shall make a final decision within 30 days after such appeal is received. (b) The Governor shall make a final designation of service delivery areas within the State. Before making a final designation of service delivery areas for the State, the Governor shall review the comments submitted under subsection (a)(3) and requests submitted under subsection (a)(4). (c)(1) In accordance with subsection (a), the Governor may redesignate service delivery areas no more frequently than every two years. Such redesignations shall be made not later than 4 months before the beginning of a program year. (2) Subject to paragraph (1), the Governor shall make such a redesignation if a petition to do so is filed by an entity specified in subsection (aX4XA). (3) The provisions of this subsection are subject to section 105(c). ESTABLISHMENT OF PRIVATE INDUSTRY COUNCIL SEC. 102. (a) There shall be a private industry council for every service delivery area established under section 101, to be selected in accordance with this subsection. Each council shall consist of (1) representatives of the private sector, who shall constitute a majority of the membership of the council and who shall be owners of business concerns, chief executives or chief operating officers of nongovernmental employers, or other private sector executives who have substantial management or policy responsibility; and |