PUBLIC LAW 97-300-OCT. 13, 1982 States for each fiscal year on the basis of the most recent twelvemonth period prior to that fiscal year. (b)(1) Such non-Federal matching funds shall include the direct cost of employment or training services under this title provided by State or local programs (such as vocational education), private nonprofit organizations, or private for-profit employers. (2) Funds expended from a State fund to provide unemployment insurance benefits to an eligible individual for purposes of this title and who is enrolled in a program of training or retraining under this title may be credited for up to 50 percent of the funds required to be expended from non-Federal sources as required by this section. PROGRAM REVIEW SEC. 305. Except for programs of assistance operated on a statewide or industry-wide basis, no program of assistance conducted with funds made available under this title may be operated within any service delivery area without a 30-day period for review and recommendation by the private industry council and appropriate chief elected official or officials for such 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 recommendation, the State shall provide the reasons therefor in writing to the appropriate private industry council and chief elected official or officials. CONSULTATION WITH LABOR ORGANIZATIONS 96 STAT. 1367 29 USC 1655. SEC. 306. Any assistance program conducted with funds made 29 USC 1656. available under this title which will provide services to a substantial number of members of a labor organization shall be established only after full consultation with such labor organization. LIMITATIONS SEC. 307. (a) Except as provided in subsection (b), there shall be 29 USC 1657. available for supportive services, wages, allowances, stipends, and costs of administration, not more than 30 percent of the Federal funds available under this title in each State. (b) The funds to which the limitation described in subsection (a) applies shall not include the funds referred to in section 301(a). In no event shall such limitation apply to more than 50 percent of the total amount of Federal and non-Federal funds available to a program. STATE PLANS; COORDINATION WITH OTHER PROGRAMS SEC. 308. Any State which desires to receive financial assistance 29 USC 1658. under this title shall submit to the Secretary a plan for the use of such assistance which shall include appropriate provisions for the coordination of programs conducted with such assistance, as described in section 121, low-income weatherization and other energy conservation programs, and social services. 96 STAT. 1368 29 USC 1671. 43 USC 1601 note. PUBLIC LAW 97-300-OCT. 13, 1982 TITLE IV-FEDERALLY ADMINISTERED PROGRAMS PART A-EMPLOYMENT AND TRAINING PROGRAMS FOR NATIVE NATIVE AMERICAN PROGRAMS SEC. 401. (a) The Congress finds that (1) serious unemployment and economic disadvantages exist among members of Indian, Alaskan Native, and Hawaiian Native communities; (2) there is a compelling need for the establishment of comprehensive training and employment programs for members of those communities; and (3) such programs are essential to the reduction of economic disadvantages among individual members of those communities and to the advancement of economic and social development in the communities consistent with their goals and lifestyles. (b) The Congress therefore declares that, because of the special relationship between the Federal Government and most of the individuals to be served by the provisions of this section, (1) such programs shall be administered at the national level; (2) such programs shall be available to federally recognized Indian tribes, bands, and groups and to other groups and individuals 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 communities and groups served by this section. (c)(1)(A) In carrying out responsibilities under this section, the Secretary shall, wherever possible, utilize Indian tribes, bands, or groups on Federal or State reservations, Oklahoma Indians, and including for the purpose of this Act, Alaska Native villages or groups as defined in the Alaska Native Claims Settlement Act, having a governing body for the provision of employment and training services under this section. When the Secretary determines that such tribe, band, or group has demonstrated the capability to effectively administer a comprehensive employment and training program, the Secretary shall require such tribe, band, or group to submit a comprehensive plan meeting such requirements as the Secretary prescribes. (B) The Secretary shall arrange for programs to meet the employment and training needs of Hawaiian natives through such organizations as the Secretary determines will best meet their needs. (2) In carrying out responsibilities under this section, the Secretary shall make arrangements with organizations (meeting requirements prescribed by the Secretary) serving nonreservation Native Americans for programs and projects designed to meet the needs of such Native Americans for employment and training and related services. (d) Whenever the Secretary determines not to utilize Indian tribes, bands, or groups for the provision of employment and training services under this section, the Secretary shall, to the maximum extent feasible, enter into arrangements for the provision of such services with organizations which meet with the approval of the tribes, bands, or groups to be served. (e) The Secretary is directed to take appropriate action to establish administrative procedures and machinery (including personnel. having particular competence in this field) for the selection, admin PUBLIC LAW 97-300-OCT. 13, 1982 istration, monitoring, and evaluation of Native American employment and training programs authorized under this Act. (f) Funds available for this section shall be expended for programs and activities consistent with the purposes of this section including but not limited to such programs and activities carried out by recipients under other provisions of this Act. (g) No provision of this section shall abrogate in any way the trust responsibilities of the Federal Government to Native American bands, tribes, or groups. (h)(1) The Secretary shall, after consultation with representatives of Indians and other Native Americans, prescribe such rules, regulations, and performance standards relating to Native American programs under this section as may be required to meet the special circumstances under which such programs operate. 96 STAT. 1369 Rules, regulations and performance standards. (2) Recipients of funds under this section shall establish perform- Performance ance goals, which shall, to the extent required by the Secretary, goals. comply with performance standards established by the Secretary pursuant to section 103. (i) The Secretary shall provide technical assistance as necessary to Technical tribes, bands, and groups eligible for assistance under this section. (j) For the purpose of carrying out this section, the Secretary shall reserve, from funds available for this title (other than part B) for any fiscal year, an amount equal to 3.3 percent of the amount available for part A of title II of this Act for such fiscal year. MIGRANT AND SEASONAL FARMWORKER PROGRAMS SEC. 402. (a) The Congress finds and declares that— (1) chronic seasonal unemployment and underemployment in the agricultural industry, aggravated by continual advancements in technology and mechanization resulting in displacement, constitute a substantial portion of the Nation's rural employment problem and substantially affect the entire national economy; and (2) because of farmworker employment and training problems, such programs shall be centrally administered at the national level. (b) The Secretary is directed to take appropriate action to establish administrative procedures and machinery (including personnel having particular competence in this field) for the selection, administration, monitoring, and evaluation of migrant and seasonal employment and training programs authorized under this Act. assistance. 29 USC 1672. (c)(1) The Secretary shall provide services to meet the employment and training needs of migrant and seasonal farmworkers through such public agencies and private nonprofit organizations as the Secretary determines to have an understanding of the problems of migrant and seasonal farmworkers, a familiarity with the area to be served, and a previously demonstrated capability to administer effectively a diversified employability development program for migrant and seasonal farmworkers. In awarding any grant or contract Grants or for services under this section, the Secretary shall use procedures contracts. consistent with standard competitive Government procurement policies. (2) The Secretary may approve the designation of grantees under this section for a period of two years. (3) Programs and activities supported under this section, including those carried out under other provisions of this Act, shall enable 96 STAT. 1370 Performance goals. 29 USC 1691. 29 USC 1692. 29 USC 1693. PUBLIC LAW 97-300-OCT. 13, 1982 farmworkers and their dependents to obtain or retain employment, to participate in other program activities leading to their eventual placement in unsubsidized agricultural or nonagricultural employment, and to participate in activities leading to stabilization in agricultural employment, and shall include related assistance and supportive services. (4) Recipients of funds under this section shall establish performance goals, which shall, to the extent required by the Secretary, comply with performance standards established by the Secretary pursuant to section 103. (5) No programs and activities supported under this section shall preclude assistance to farmworkers under any other provision of this Act. (d) In administering programs under this section, the Secretary shall consult with appropriate State and local officials. (e) The Secretary is directed to take appropriate action to establish administrative procedures and machinery (including personnel having particular competence in this field) for the selection, administration, monitoring, and evaluation of migrant and seasonal farmworker's employment and training programs authorized under this Act. (f) For the purpose of carrying out this section, the Secretary shall reserve, from funds available for this title (other than part B) for any fiscal year, an amount equal to 3.2 percent of the amount available for part A of title II of this Act for such fiscal year. PART B-JOB CORPS STATEMENT OF PURPOSE SEC. 421. This part maintains a Job Corps for economically disadvantaged young men and women which shall operate exclusively as a distinct national program, sets forth standards and procedures for selecting individuals as enrollees in the Job Corps, authorizes the establishment of residential and nonresidential centers in which enrollees will participate in intensive programs of education, vocational training, work experience, counseling and other activities, and prescribes various other powers, duties, and responsibilities incident to the operation and continuing development of the Job Corps. The purpose of this part is to assist young individuals who need and can benefit from an unusually intensive program, operated in a group setting, to become more responsible, employable, and productive citizens; and to do so in a way that contributes, where feasible, to the development of national, State, and community resources, and to the development and dissemination of techniques for working with the disadvantaged that can be widely utilized by public and private institutions and agencies. ESTABLISHMENT OF THE JOB CORPS SEC. 422. There shall be within the Department of Labor a "Job Corps". INDIVIDUALS ELIGIBLE FOR THE JOB CORPS SEC. 423. To become an enrollee in the Job Corps, a young man or woman must be an eligible youth who PUBLIC LAW 97-300-OCT. 13, 1982 96 STAT. 1371 (1) has attained age 14 but not attained age 22 at the time of Waiver. enrollment, except that such maximum age limitation may be waived, in accordance with regulations of the Secretary, in the case of any handicapped individual; (2) is economically disadvantaged or is a member of a family which is economically disadvantaged, and who requires additional education, training, or intensive counseling and related assistance in order to secure and hold meaningful employment, participate successfully in regular school work, qualify for other suitable training programs, or satisfy Armed Forces requirements; (3) is currently living in an environment so characterized by cultural deprivation, a disruptive homelife, or other disorienting conditions as to substantially impair prospects for successful participation in other programs providing needed training, education, or assistance; (4) is determined, after careful screening as provided for in sections 424 and 425 to have the present capabilities and aspirations needed to complete and secure the full benefit of the Job Corps and to be free of medical and behavioral problems so serious that the individual could not adjust to the standards of conduct, discipline, work, and training which the Job Corps involves; and (5) meets such other standards for enrollment as the Secretary may prescribe and agrees to comply with all applicable Job Corps rules and regulations. SCREENING AND SELECTION OF APPLICANTS: GENERAL PROVISIONS Standards and 29 USC 1694. SEC. 424. (a) The Secretary shall prescribe specific standards and procedures for the screening and selection of applicants for the Job procedures. Corps. To the extent practicable, these rules shall be implemented through arrangements with agencies and organizations such as community action agencies, public employment offices, entities administering programs under title II of this Act, professional groups, labor organizations, and agencies and individuals having contact with youth over substantial periods of time and able to offer reliable information as to their needs and problems. The rules shall provide for necessary consultation with other individuals and organizations, including court, probation, parole, law enforcement, education, welfare, and medical authorities and advisers. The rules shall also provide for the interviewing of each applicant for the purpose of (1) determining whether the applicant's educational and vocational needs can best be met through the Job Corps or an alternative program in the applicant's home community; (2) obtaining from the applicant pertinent data relating to background, needs, and interests for determining eligibility and potential assignment; and (3) giving the applicant a full understanding of the Job Corps and what will be expected of an enrollee in the event of acceptance. (b) The Secretary is authorized to make payments to individuals Payments. and organizations for the cost of the recruitment, screening, and selection of candidates, as provided for in this part. The Secretary shall make no payments to any individual or organization solely as compensation for referring the names of candidates for Job Corps. |