tain section of JTPA cited back to us, one which we didn't even allege or raise, and basically told us that the GR individuals are eligible; therefore, the county has not violated JTPA. Mr. HAWKINS. Well, the thing is they looked possibly at that section but then concluded that, if an eligible segment was being served, that complied with this act. It certainly is not a reasonable construction of that section of the law. The mere fact that some of the eligible population was being served did comply with this requirement is certainly a farfetched interpretation of the law. I would certainly say that substantial segments of the eligible population were not being served, and they just simply, I think, looked at it backwards rather than complying with the act. Ms. ESTRADA. I agree totally. I think you have to read that section with the other sections requiring equitable services to AFDC recipients and nondiscrimination to all protected groups. Mr. HAWKINS. Precisely. Well, they didn't even get past that section. Mr. Martinez. Mr. MARTINEZ. Nothing, except to say that, in trying to justify their position, they would take the broadest interpretation and then conclude that they have complied. I don't think they have. Mr. HAWKINS. Without objection, the statement from Senator Diane Watson will be entered into the record at the conclusion of this panel. Again, we would like to thank the panel and you, Mr. Smith, especially, for the very graphic way in which you described your plight, which I think is very typical of the plight of many others. I think it's a tribute to you that you came forth and represented this group today. I'm indeed thankful for it. Mr. SMITH. Thank you very much, Mr. Chairman. Mr. HAWKINS. That concludes the hearing in Los Angeles. [Whereupon, the hearing in the above-entitled matter, was concluded at 1:40 p.m.] [Material submitted for inclusion in the record follows:] Oct. 13, 1982 [S. 2036] Job Training APPENDIX Public Law 97-300 97th Congress An Act To provide for a job training program and for other purposes. Be it enacted by the Senate and House of Representatives of the Partnership Act. United States of America in Congress assembled, 29 USC 1501 note. SHORT TITLE; TABLE OF CONTENTS SECTION 1. This Act may be cited as the "Job Training Partnership Act". TABLE OF CONTENTS Sec. 1. Short title; table of contents. Sec. 3. Authorization of appropriations. TITLE I-JOB TRAINING PARTNERSHIP PART A-SERVICE DELIVERY SYSTEM Sec. 101. Establishment of service delivery areas. Sec. 105. Review and approval of plan. Sec. 106. Performance standards. Sec. 107. Selection of service providers. Sec. 108. Limitation on certain costs. PART B-ADDITIONAL STATE RESPONSIBILITIES Sec. 121. Governor's coordination and special services plan. Sec. 123. State education coordination and grants. Sec. 125. State labor market information programs. Sec. 126. Authority of State legislature. Sec. 127. Interstate agreements. PART C-PROGgram RequireMENTS FOR SERVICE DELIVERY SYSTEM Sec. 141. General program requirements. Sec. 142. Benefits. Sec. 143. Labor standards. Sec. 144. Grievance procedure. Sec. 145. Prohibition against Federal control of education. PART D-FEDERAL AND FISCAL ADMINISTRATIVE PROVISIONS Sec. 161. Program year. Sec. 162. Prompt allocation of funds. Sec. 163. Monitoring. Sec. 164. Fiscal controls, sanctions. Sec. 165. Reports, recordkeeping, and investigations. Sec. 166. Administrative adjudication. Sec. 167. Nondiscrimination. Sec. 168. Judicial review. Sec. 169. Administrative provisions. Sec. 170. Utilization of services and facilities. Sec. 171. Obligational authority. Sec. 181. Transition. PART E-MISCELLANEOUS PROVISIONS Sec. 182. Criminal provisions. Sec. 183. Reference. Sec. 184. Repealers. TITLE II-TRAINING SERVICES FOR THE DISADVANTAGED Sec. 201. Allotment. PART A-ADULT AND YOUTH PROGRAM8 Sec. 202. Within State allocation. Sec. 203. Eligibility for services. Sec. 204. Use of funds. Sec. 205. Exemplary youth programs. PART B-SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAMS Sec. 251. Authorization of appropriations; allotment and allocation. Sec. 252. Use of funds. Sec. 253. Limitations. Sec. 254. Applicable provisions. TITLE III-EMPLOYMENT AND TRAINING ASSISTANCE FOR DISLOCATED WORKERS Sec. 301. Allocation of funds. Sec. 302. Identification of dislocated workers. Sec. 303. Authorized activities. Sec. 304. Matching requirement. Sec. 305. Program review. Sec. 306. Consultation with labor organizations. Sec. 307. Limitations. Sec. 308. State plans; coordination with other programs. TITLE IV-FEDERALLY ADMINISTERED PROGRAMS PART A-EMPLOYMENT AND TRAINING PROGRAMS FOR NATIVE AMERICANS AND MIGRANT AND SEASONAL FARMWORKERS Sec. 422. Establishment of the Job Corps. Sec. 423. Individuals eligible for the Job Corps. Sec. 424. Screening and selection of applicants: general provisions. Sec. 425. Screening and selection: special limitations. Sec. 426. Enrollment and assignment. Sec. 427. Job Corps centers. Sec. 428. Program activities. Sec. 429. Allowances and support. Sec. 430. Standards of conduct. Sec. 431. Community participation. Sec. 432. Counseling and job placement. Sec. 433. Experimental and developmental projects and coordination with other 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. 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. 463. Special Federal responsibilities. Sec. 464. National Occupational Information Coordinating Committee. PART F-NATional CommiSSION FOR EMPLOYMENT POLICY Sec. 471. Statement of purpose. Sec. 472. Commission established. Sec. 473. Functions of the Commission. Sec. 474. Administrative provisions. Sec. 475. Reports. PART G-TRAINING TO FULFILL Affirmative ACTION OBLIGATIONS Sec. 481. Affirmative action. 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. DEFINITIONS 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 (aX4XAXiii), 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) |