96 STAT. 1324 29 USC 1501. 29 USC 1502. Post, pp. 1358, 1368. Post, pp. 1368, 1380, 1381, 1383, 1387, 1390. Post, p. 1364. Post, p. 1364. Post, p. 1347. PUBLIC LAW 97–300—OCT. 13, 1982 Sec. 455. Training and technical assistance. PART E-LABOR MARKET INFORMATION Sec. 461. Labor market information; availability of funds. Sec. 462. Cooperative labor market information program. Sec. 468. Special Federal responsibilities. Sec. 464. National Occupational Information Coordinating Committee. PART F-NATIONAL COMMISSION FOR EMPLOYMENT POLICY TITLE V-MISCELLANEOUS PROVISIONS Sec. 501. Amendments to the Wagner-Peyser Act. Sec. 502. Amendments to part C of title IV of the Social Security Act. Sec. 504. Enforcement of Military Selective Service Act. STATEMENT OF PURPOSE SEC. 2. It is the purpose of this Act to establish programs to prepare youth and unskilled adults for entry into the labor force and to afford job training to those economically disadvantaged individuals and other individuals facing serious barriers to employment, who are in special need of such training to obtain productive employment. AUTHORIZATION OF APPROPRIATIONS SEC. 3. (a)(1) There are authorized to be appropriated to carry out part A of title II and title IV (other than part B of such title) such sums as may be necessary for fiscal year 1983 and for each succeeding fiscal year. (2) From the amount appropriated pursuant to paragraph (1) for any fiscal year, an amount equal to not more than 7 percent of the total amount appropriated pursuant to this section shall be available to carry out parts A, C, D, E, F, and G of title IV. (3) of the amount so reserved under paragraph (2)— (A) 5 percent shall be available for part C of title IV, and (B) $2,000,000 shall be available for part F of title IV. (b) There are authorized to be appropriated to carry out part B of title II such sums as may be necessary for fiscal year 1983 and for each succeeding fiscal year. (c) There are authorized to be appropriated to carry out title III such sums as may be necessary for fiscal year 1983 and for each succeeding fiscal year. (d) There are authorized to be appropriated $618,000,000 for fiscal year 1983, and such sums as may be necessary for each succeeding fiscal year, to carry out part B of title IV of this Act. (e) The authorizations of appropriations contained in this section are subject to the program year provisions of section 161. PUBLIC LAW 97–300—OCT. 13, 1982 DEFINITIONS 96 STAT. 1325 SEC. 4. For the purposes of this Act, the following definitions 29 USC 1503. apply: (1) The term "academic credit" means credit for education, training, or work experience applicable toward a secondary school diploma, a postsecondary degree, or an accredited certificate of completion, consistent with applicable State law and regulation and the requirements of an accredited educational agency or institution in a State. (2) The term "administrative entity" means the entity designated to administer a job training plan under section 103(b)(1)(B). (3) The term "area of substantial unemployment" means any area of sufficient size and scope to sustain a program under part A of title II of this Act and which has an average rate of unemployment of at least 6.5 percent for the most recent twelve months as determined by the Secretary. Determinations of areas of substantial unemployment shall be made once each fiscal year. (4) The term "chief elected official" includes (A) in the case of a State, the Governor; (B) in the District of Columbia, the mayor; and (C) in the case of a service delivery area designated under section 101(a)(4)(A)(iii), the governing body. (5) The term "community-based organizations" means private nonprofit organizations which are representative of communities or significant segments of communities and which provide job training services (for example, Opportunities Industrialization Centers, the National Urban League, SER-Jobs for Progress, United Way of America, Mainstream, the National Puerto Rican Forum, National Council of La Raza, 70,001, Jobs for Youth, organizations operating career intern programs, neighborhood groups and organizations, community action agencies, community development corporations, vocational rehabilitation organizations, rehabilitation facilities (as defined in section 7(10) of the Rehabilitation Act of 1973), agencies serving youth, 29 USC 706. agencies serving the handicapped, agencies serving displaced homemakers, union-related organizations, and employer-related nonprofit organizations), and organizations serving nonreservation Indians (including the National Urban Indian Council), as well as tribal governments and Native Alaskan groups. (6) Except as otherwise provided therein, the term "council" means the private industry council established under section 102. (7) The term "economic development agencies" includes local planning and zoning commissions or boards, community development agencies, and other local agencies and institutions responsible for regulating, promoting, or assisting in local economic development. (8) The term "economically disadvantaged" means an individual who (A) receives, or is a member of a family which receives, cash welfare payments under a Federal, State, or local welfare program; (B) 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 payments, and welfare payments) 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 (a)(4)(A). (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 |