1672. 1691. 1692. 1693. 1694. 1695. 1696. Native American programs. (a) Congressional findings. (b) Congressional declaration of guidelines. (c) Operation through Native American organizations where possible. (d) Alternative operation through approved organizations. 1698. (g) Continuation of Federal trust responsibilities. (h) Consultation with Native Americans in prescription of regulations; performance goals. (i) Technical assistance to Native American organizations. (j) Reservation of funds for purposes of this section. Migrant and seasonal farmworker programs. (a) Congressional findings. (b) Monitoring of programs for migrant and seasonal employment. (c) Operation through experienced organizations; use of procedures consistent with competitive procurement policies; grantees designated for two years; goals of programs; recipient performance goals; section programs not exclusive of other kinds of aid. (d) Consultation with State and local of ficials. (e) Monitoring of programs for migrant and seasonal farmworker's employment. (f) Reservation of funds for purposes of this section. PART B-JOB CORPS Congressional declaration of purpose. Individuals eligible for the Job Corps. Screening and selection of applicants: general provisions. (a) Prescription of standards and procedures; implementation through experienced organizations; consultation with concerned agencies and individuals; interview with applicant. (b) Authorization of payment for active recruiting. (c) Rural enrollees; residential facilities. Screening and selection: special limitations. (a) Disciplinary standards for enrollees. (b) Enrollees on probation or parole; contact with criminal justice system no bar. Enrollment and assignment. (a) Maximum enrollment period. 1700. 1701. 1702. 1703. 1704. (b) Military obligation unaffected. (c) Proximity of center to enrollee's home. Job Corps centers. (a) Operation through existing agencies and organizations; center functions; Civilian Conservation Centers; training centers; limit on nonresidential participants. (b) Availability of center opportunities to participants in other programs. Program activities. (a) Center programs: training; counseling; center maintenance. (b) Use of existing educational agencies (c) High school equivalency certificates. and placement. Allowances and support. (a) Subsistence; rates of allowances; in- (c) Termination readjustment allowance: (d) Remittance to dependents; supplement. Standards of conduct. (a) Stringent enforcement; dismissal or transfer. (b) Disciplinary measures by center directors; appeal to Secretary. Community participation. Counseling and placement. (a) Regular counseling and testing. (b) Counseling and testing prior to scheduled termination; placement assistance; use of public employment service system. (c) Provision for further training, and counseling. education, (d) Payment of readjustment allowance to former enrollees. Experimental and developmental projects (b) Model community vocational educa- (d) Pilot projects to prepare youth for (e) Pilot projects using community-based organizations. Advisory boards and committees. Sec. 1705. 1706. 1707. Participation of the States. (a) Consultation with State agencies on State law enforcement, discipline, development of meaningful work experience, and coordination with State programs. (b) Authorization to participate in and subsidize related State programs. (c) Notice to Governor of Job Corps center establishment; thirty days to disapprove. (d) Concurrent criminal jurisdiction for Job Corps centers. Application of provisions of Federal law. (a) Enrollees not deemed Federal employees; exceptions: Federal tax provisions; survivor and disability benefits; work injuries and terms of compensation; tort claims. (b) Adjustment and settlement of claims. (c) Status of uniformed services personnel. Special provisions. (a) Enrollment of women. (b) Job Corps documents and data to be United States property. (c) Job Corps center transactions not gross receipts. 1708. General provisions. Sec. 1751. 1752. 1753. 1754. 1755. PART E-LABOR MARKET INFORMATION Labor market information; availability of funds. (a) Publicly accessible labor market in formation system. (b) Availability of funds for State labor market information. (c) Funds available from other pre grams. Cooperative labor market information pro gram. (a) Maintenance of current multileve employment data. (b) Maintenance of job descriptions and requirements. (c) Elimination of departmental data (d) Annual measure of labor market re Special Federal responsibilities. (a) Interdepartmental cooperation; re view and coordination of nationa data systems; standardized national definitions; aid for State labor and occupational opportunity informstion systems. (b) Integrated occupational opportunity information system; Armed Forces career opportunities. (c) Sufficient funds for Federal level coordinating staff. National Occupational Information Coordi nating Committee. (a) Authorization limit; membership: coordinating commit support of State occupational information tees. PART F-NATIONAL COMMISSION FOR EMPLOYMENT POLICY 1771. 1772. 1773. 1774. Statement of purpose. Establishment. (a) Composition of membership. (b) Term of office; unfinished terms terms of initial members. (c) Selection of Chairman; frequency of meetings; quorum and voting. (d) Appointment of Director. Functions. Administrative provisions. (a) Authority of Chairman: rules; staff and compensation; consultants; voluntary services; acceptance of gifts; contracts; studies and hearings; use of governmental facilities; advances and payments. demonstration projects; areas for study; cooperation with Secretary of Defense. (a) Projects for persons requiring special assistance; projects addressing skill shortages affecting critical national objectives. (b) Elimination of employment barriers. (c) Three-year financial assistance limit. (d) Special consideration for communitybased organizations, labor unions, and trade associations. Evaluation. (a) Continuing study of program impact. (b) Study of program effectiveness. Training and technical assistance. (a) Personnel training; use of existing facilities. (b) Dissemination of exemplary program information. (b) Availability of Federal agencies and information. Sec. (b) Review of community-need directed programs; includable in performance accomplishments; determination of affirmative action compliance; notice of compliance; abbreviated affirmative action program; successful performance and presumption of good faith effort; limitation; "successful performance or operation" defined. (c) Limitations: compulsory program involvement; exclusive compliance criteria; obligations of nonparticipating contractors; interference with private industry councils; restriction of Secretary's authority; short form affirmative action plan. CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 49a, 49f, 49g, 795a of this title; title 18 section 665; title 20 sections 1013, 1014, 1070e-1, 1119a-1, 1211c, 2306, 2307, 2391, 3842. § 1501. Congressional declaration of purpose It is the purpose of this chapter 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. (Pub. L. 97-300, § 2, Oct. 13, 1982, 96 Stat. 1324.) REFERENCES IN TEXT This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as amended, known as the Job Training Partnership Act, which is classified principally to this chapter (§ 1501 et seq.). For complete classification of this Act to the Code, see Short Title note set out below and Tables. SHORT TITLE Section 1 of Pub. L. 97-300 provided that: "This Act [enacting this chapter and sections 49e, 491, 491, and 491-1 of this title, amending sections 49, 49a, 49b, 49d, 49g, 49h, 491, and 49j of this title, section 665 of Title 18, Crimes and Criminal Procedure, and sections 602, 632, and 633 of Title 42, The Public Health and Welfare, repealing chapter 17 (§ 801 et seq.) of this title, and enacting provisions set out as notes under sections 49 and 801 of this title] may be cited as the 'Job Training Partnership Act'." § 1502. Authorization of appropriations (a)(1) There are authorized to be appropriated to carry out part A of subchapter II of this chapter and subchapter IV of this chapter (other than part B of such subchapter) 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 subchapter IV of this chapter. (3) Of the amount so reserved under paragraph (2)— (A) 5 percent shall be available for part C of subchapter IV of this chapter, and (B) $2,000,000 shall be available for part F of subchapter IV of this chapter. (b) There are authorized to be appropriated to carry out part B of subchapter II of this chapter 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 subchapter III of this chapter 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 subchapter IV of this chapter. (e) The authorizations of appropriations contained in this section are subject to the program year provisions of section 1571 of this title. (Pub. L. 97-300, § 3, Oct. 13, 1982, 96 Stat. 1324.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1601, 1631 of this title. § 1503. Definitions For the purposes of this chapter, the following definitions 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 1513(b)(1)(B) of this title. (3) The term "area of substantial unemployment" means any area of sufficient size and scope to sustain a program under part A of subchapter II of this chapter 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 1511(a)(4)(A)(iii) of this title, 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 [29 U.S.C. 706(10)]), agencies serving youth, 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 1512 of this title. (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) 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 [7 U.S.C. 2011 et seq.]; (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 [20 U.S.C. 1141(a)]. (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 [20 U.S.C. 2461(10)]. (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 chapter 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 [20 U.S.C. 1088(a)(1)]. (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 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. (23) The term "State educational agency" means such an agency as defined in section 195(11) of the Vocational Education Act of 1963 [20 U.S.C. 2461(11)]. (24) The term "supportive services" means services which are necessary to enable an individual eligible for training under this chapter, but who cannot afford to pay for such services, to participate in a training program funded under this chapter. Such supportive services may include transportation, health care, special services, and materials for the handicapped, child care, meals, temporary 0 shelter, financial counseling, and other reasonable expenses required for participation in the training program and may be provided inkind 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 [20 U.S.C. 2461(1)]. (Pub. L. 97-300, § 4, Oct. 13, 1982, 96 Stat. 1325.) REFERENCES IN TEXT The Food Stamp Act of 1977, referred to in par. (8)(C), is Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1513 of this title. 8 1504. Enforcement of Military Selective Service Act The Secretary shall insure that each individual participating in any program established under this chapter, or receiving any assistance or benefit under this chapter, has not violated section 3 of the Military Selective Service Act (50 U.S.C. App. 453) by not presenting and submitting to registration as required pursuant to such section. The Director of the Selective Service System shall cooperate with the Secretary in carrying out this section. (Pub. L. 97-300, title V, § 504, Oct. 13, 1982, 96 Stat. 1399.) SUBCHAPTER I-JOB TRAINING AND EMPLOYMENT ASSISTANCE SYSTEM SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 1634, 1652 of this title. PART A-SERVICE DELIVERY SYSTEM § 1511. Establishment of service delivery areas (a) Proposals; proposed designations; requests (1) The Governor shall, after receiving the proposal of 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 (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) Final designation by Governor 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) of this section and requests submitted under subsection (a)(4) of this section. (c) Redesignations (1) In accordance with subsection (a) of this section, the Governor may redesignate service delivery areas no more frequently than every two years. Such redesignations shall be made |