Act of 1962 [section 2571 et seq. of Title 42, The Public Health and Welfare] and parts A, B, and E of title I of the Economic Opportunity Act of 1964 [sections 2711 to 2729, 2731 to 2749, and 2769 to 2769f of Title 42, respectively] were repealed and which provided that the unexpended appropriations for carrying out such Acts were available to carry out Pub. L. 93-203, as directed by the President, was omitted from the Code in the general revision of Pub. L. 93-203 by Pub. L. 95-524, § 2, Oct. 27, 1978, 92 Stat. 1909.

NONCOMPETITIVE CONVERSION OF CETA PARTICIPANTS TO CAREER OR CAREER-CONDITIONAL CIVIL SERVICE STATUS

For provisions relating to the noncompetitive conversion of qualified persons, who have successfully completed job training funded through CETA, to career or career-conditional civil service status, see Ex. Ord. No. 12257, Dec. 18, 1980, 45 F.R. 84005, set out as a note under section 3301 of Title 5, Government Organization and Employees.

§ 802. Definitions

As used in this chapter

(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, regulation, and policy and the requirements of an accredited educational agency or institution in a State.

(2)(A) Except as provided in subparagraph (B), the term "area of substantial unemployment" means any area of sufficient size and scope to sustain a public service employment program and which has an average rate of unemployment of at least 6.5 percent for the most recent 12 months as determined by the Secretary.

(B) With respect to determinations made for fiscal year 1979, and for parts A, B, and C of subchapter II of this chapter for any fiscal year, such term means any area of sufficient size and scope to sustain such a program and which has an average rate of unemployment of at least 6.5 percent for any 3 consecutive months within the most recent 12-month period as determined by the Secretary.

(C) Determinations of areas of substantial unemployment shall be made once each fiscal

year.

(3) The term "artificial barriers to employment" means limitations in the hiring, firing, promotion, licensing, and other terms and conditions of employment which are not directly related to an individual's fitness or ability to perform the duties required by the employment position.

(4) The term "community-based organizations" means private nonprofit organizations which are representative of communities or significant segments of communities and which provide employment and 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, neighborhood groups and organizations, community action agencies, community development corporations, vocational rehabilitation organizations, rehabilitation facilities (as defined in section 706(10) of this

title), agencies serving youth, union-related organizations, and employer-related nonprofit organizations).

(5) The term "Consumer Price Index" means the "All Urban Consumer Index" as determined by the Secretary of Labor.

(6) The term "disabled veteran" means those veterans described in section 2011(1) of title 38.

(7) The term "displaced homemaker” means an individual who

(A) has not worked in the labor force for a substantial number of years but has, during those years, worked in the home providing unpaid services for family members;

(B)(i) has been dependent on public assistance or on the income of another family member but is no longer supported by that income, or (ii) is receiving public assistance on account of dependent children in the home; and

(C) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.

(8) The term "economically disadvantaged" means a person who (A) receives, or is a member of a family which (i) receives cash welfare payments under a Federal, State, or local welfare program, or (ii) had a family income during the 6-month period prior to application for the program involved which would have qualified such family for such cash welfare payments, subject to regulations of the Secretary; (B) has, or is a member of a family which has, received a total family income for the 6-month period prior to application for the program involved (exclusive of unemployment compensation 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 a foster child on behalf of whom State or local government payments are made; or (D) in cases permitted by regulations of the Secretary, is a handicapped individual living at home or is an individual who is institutionalized or receiving services in, or is a client of, a sheltered workshop, prison, hospital, or similar institution or in community care. Except for any person who would be eligible for assistance under title V of the Older Americans Act of 1965 [42 U.S.C. 3041 et seq.] or a handicapped individual who is sixteen years of age or older, any person claimed as a dependent on another person's Federal income tax return under section 151(e) of title 26 for the previous year shall be presumed, unless otherwise demonstrated, to be part of the person's family for the current year.

(9) The term "entry level" means the lowest position in any promotional line, as defined locally by collective-bargaining agreements, past practice, or applicable personnel rules.

(10) The term "Governor" means the chief executive of any State.

(11) 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.

(12) The term "Hawaiian native" means any individual any of whose ancestors were natives, prior to 1778, of the area which now consists of the Hawaiian Islands.

(13) The term "health care" includes preventive and clinical medical treatment, family planning services, nutrition services, and appropriate psychiatric, psychological, and prosthetic services, to the extent any such treatment or services are necessary to enable the recipient of employment and training services to obtain or retain employment.

(14) The terms "institutions of higher education" and "post-secondary institutions" mean those institutions defined as institutions of higher education in section 1141(a) of title 20.

(15)(A) Except as provided in subparagraph (B), the term "local educational agencies" means agencies as defined in section 2461(10) of title 20.

(B) For purposes of subpart 3 of part A of subchapter IV of this chapter, such term means agencies as defined in section 3381(f) of title 20.

(16) 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.

(17) 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 upon the most recent "lower living family budget" issued by the Secretary.

(18) The term "offender" means any adult or juvenile who is or has been subject to any stage of the criminal justice process for whom employment and training services may be beneficial or who requires assistance in overcoming artificial barriers to employment resulting from a record of arrest or conviction. (19) The term "project" means, for the purpose of subchapters II and VI of this chapter, a definable task or group of related tasks which will be completed within a definable period of time, has a public service objective, will result in a specific product or accomplishment, and would otherwise not be done with existing funds.

(20) The term "project applicants" includes States and agencies thereof, units of general local government and agencies thereof or combinations or associations of such governmental units when the primary purpose of such combinations or associations is to assist such governmental units to provide public services, special purpose political subdivisions having the power to levy taxes and spend funds or serving such special purpose within an area served by one or more units of general local government, local educational agen

cies, institutions of higher education, community-based organizations, community development corporations, nonprofit groups and organizations serving Native Americans, and other private nonprofit organizations or institutions engaged in public service.

(21) The term "public assistance" means Federal, State, or local government cash payments for which eligibility is determined by a need or income test.

(22) The term "public service" includes work, including part-time work, in such fields as environmental quality, health care, education, child care, public safety, crime prevention and control, prisoner rehabilitation, transportation, recreation, maintenance of parks, streets, and other public facilities, solid waste removal, pollution control, housing and neighborhood improvements, rural development, conservation, beautification, veterans outreach, and other fields of human betterment and community improvement.

(23) The term "recipient" means any person, organization, unit of government, corporation, or other entity receiving financial assistance under this chapter whether directly from the Secretary, or through another recipient by subgrant, contract, subcontract, agreement, or otherwise.

(24) The term "Secretary" means the Secretary of Labor.

(25) The term "State" includes 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.

(26) The term "supportive services" means services which are designed to contribute to the employability of participants, enhance their employment opportunities, assist them in retaining employment, and facilitate their movement into permanent employment not subsidized under the chapter. Supportive services may include health care, transportation, temporary shelter, child care, and financial counseling and assistance.

(27) The term "underemployed persons"

means

(ii) adults who receive, or whose families receive, supplemental security income or money payments pursuant to a State plan approved under title I, IV, X, or XVI of the Social Security Act [42 U.S.C. 301 et seq., 601 et seq., 1201 et seq., 1381 et seq.] or would, as defined in regulations to be issued by the Secretary, be eligible for such payments but for the fact that both parents are present in the home (I) who are determined by the Secretary of Labor, in consultation with the Secretary of Health and Human Services, to be available for work and (II) who are either persons without jobs, or persons working in jobs providing insufficient income to support their families without welfare assist

ance.

The determination of whether persons 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 persons as unemployed, but such criteria shall not be applied differently on account of a person's previous employment.

(29) The term "unit of general local government" means any city, municipality, county, town, township, parish, village, or other general purpose political subdivision which has the power to levy taxes and spend funds, as well as general corporate and police powers.

(30) The term "veterans outreach" means the veterans outreach services program carried out under subchapter IV of chapter 3 of title 38, with full utilization of veterans receiving educational assistance or vocational rehabilitation under chapter 31 or 34 of such title 38, and the services described in section 875 of this title.

(31) The term "Vietnam-era veterans" means those veterans defined in section 2011(2)(A) of title 38, who are under 35 years of age.

(Pub. L. 93-203, § 3, as added Pub. L. 95-524, § 2, Oct. 27, 1978, 92 Stat. 1912, and amended Pub. L. 96-88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)

REFERENCES IN TEXT

The Older Americans Act of 1965, referred to in par. (8), is Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as amended. Title V of the Older Americans Act of 1965 was classified generally to subchapter V (§ 3041 et seq.) of chapter 35 of Title 42, The Public Health and Welfare, and was repealed by Pub. L. 95-478, title V, § 501(a), Oct. 18, 1978, 92 Stat. 1558. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of Title 42 and Tables. to in par. The Social Security Act, referred (28)(B)(ii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles I, IV, X, and XVI of the Social Security Act are classified generally to subchapters I (§ 301 et seq.), IV (§ 601 et seq.), X (§ 1201 et seq.), and XVI (§ 1381 et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

PRIOR PROVISIONS

A prior section 802, Pub. L. 93-203, § 4, Dec. 28, 1973, 87 Stat. 839; Pub. L. 95-44, § 2(a), June 15, 1977, 91 Stat. 220; Pub. L. 95-93, title III, § 302, Aug. 5, 1977, 91

Stat. 650, which authorized appropriations for this chapter, was omitted from the Code in the general revision of Pub. L. 93-203 by Pub. L. 95-524. See section 822 of this title.

A prior section 3 of Pub. L. 93-203, Dec. 28, 1973, 87 Stat. 839, which provided for transitional provisions and which was set out as a note under section 801 of this title, was omitted from the Code in the general revision of Pub. L. 93-203 by Pub. L. 95-524.

Provisions similar to those comprising this section were contained in former section 981 of this title prior to the general revision of Pub. L. 93-203 by Pub. L. 95-524.

A prior section 803, Pub. L. 95-93, title III, § 305, Aug. 5, 1977, 91 Stat. 651, providing for increased participation of veterans in public service employment programs and job training opportunities, was omitted because it was limited to fiscal years 1977 and 1978. See section 875 of this title.

CHANGE OF NAME

"Secretary of Health and Human Services" was substituted for "Secretary of Health, Education, and Welfare" in par. (28)(B)(ii) pursuant to section 509(b) Pub. L. 96-88, which is classified to section 3508(b) of Title 20, Education.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 824, 825, 856, 878, 900, 908, 909, 914, 993 of this title.

SUBCHAPTER I-ADMINISTRATIVE

PROVISIONS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 922 of this title.

PART A-ORGANIZATIONAL PROVISIONS

§ 811. Prime sponsors

(a) Qualifications of sponsorship

A prime sponsor under this chapter shall be(1) a State;

(2) a unit of general local government which has a population of 100,000 or more persons on the basis of the most satisfactory current data available to the Secretary;

(3) any consortium of units of general local government which includes any unit of general local government qualifying under paragraph (2);

(4) any unit of general local government or any consortium of such units, without regard to population, which, in exceptional circumstances, and after consultation with appropriate State and local officials, is determined by the Secretary—

(A)(i) to serve a substantial portion of a functioning labor market area, or (ii) to be a rural area having a high level of unemployment; and

(B) to have demonstrated (i) that it has the capability for adequately carrying out programs under this chapter, (ii) that there is a special need for services within the area to be served, and (iii) that it will carry out such programs and services in such area as effectively as any larger unit of general local government in the jurisdiction of which it is located or as the State;

(5) a limited number of existing concentrated employment program grantees serving

rural areas having a high level of unemployment which the Secretary determines have special capabilities for carrying out programs in such areas and are designated by the Secretary for that purpose; and

(6) any unit of general local government previously designated as a prime sponsor under the provisions of this chapter (as in effect prior to October 27, 1978), regardless of a population decline below 100,000 persons, which the Secretary certifies has demonstrated its effectiveness in, and continues to have the capability for, adequately carrying out programs under this chapter.

(b) Restrictions on States or units of local governments

(1) A State shall not qualify as a prime sponsor for any geographical area within the jurisdiction of any prime sponsor described in paragraph (2), (3), (4), (5), or (6) of subsection (a) of this section unless such prime sponsor has not submitted an approvable comprehensive employment and training plan for such area.

(2) A larger unit of general local government shall not qualify as a prime sponsor with respect to the jurisdiction within its area of any smaller eligible unit of general local government unless such smaller unit has not submitted an approvable comprehensive employment and training plan for such area.

(c) Notice of intent; designation by Secretary

An applicant shall submit to the Secretary a notice of intent to be a prime sponsor for a fiscal year by such date as the Secretary shall prescribe. The Secretary shall designate as a prime sponsor any applicant submitting such a notice unless the Secretary determines that such applicant does not qualify under this section.

(d) Assistance by area planning bodies

State prime sponsors shall, in coordination with units of general local government, make appropriate arrangements for appropriate area planning bodies to serve subareas within the State prime sponsor's area for the purpose of assisting in the effective planning and delivery of comprehensive employment and training programs in such subareas, in accordance with such regulations as the Secretary may prescribe.

(Pub. L. 93-203, title I, § 101, as added Pub. L. 95-524, § 2, Oct. 27, 1978, 92 Stat. 1917.)

PRIOR PROVISIONS

A prior section 811, Pub. L. 93-203, title I, § 101, Dec. 28, 1973, 87 Stat. 840, which related to the description of a program to provide comprehensive manpower services, was omitted from the Code in the general revision of Pub. L. 93-203 by Pub. L. 95-524. See sections 841 and 846 of this title.

Provisions similar to those comprising this section were contained in former section 812 of this title prior to the general revision of Pub. L. 93-203 by Pub. L. 95-524.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 813, 818, 819, 842, 900, 910, 943, 944, 966, 982 of this title.

§ 812. Authority of Secretary to provide services

In any area for which no prime sponsor has been designated or where the Secretary has taken an action under section 814 or section 816 of this title which results in employment and training services not being provided in such area, the Secretary shall use funds allocated to such prime sponsor to make payments directly to public agencies or private nonprofit organizations as if the Secretary were the prime sponsor for that area.

(Pub. L. 93-203, title I, § 102, as added Pub. L. 95-524, § 2, Oct. 27, 1978, 92 Stat. 1918.)

PRIOR PROVISIONS

A prior section 812, Pub. L. 93-203, title I, § 102, Dec. 28, 1973, 87 Stat. 841, which related to prime sponsors, was omitted from the Code in the general revision of Pub. L. 93-203, by Pub. L. 95-524. See section 811 of this title.

Provisions similar to those comprising this section were contained in former section 820 of this title prior to the general revision of Pub. L. 93-203 by Pub. L. 95-524.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 842, 913 of this title; title 15 section 3116.

§ 813. Comprehensive employment and training plan (a) Submission to Secretary; contents

In order to receive financial assistance under this chapter, a prime sponsor designated under section 811(c) of this title shall submit to the Secretary a comprehensive employment and training plan. Such plan shall consist of a master plan and an annual plan. The master plan shall serve as the long-term charter under which the programs of such prime sponsor shall be operated. Such plan shall be sufficiently detailed to provide the Secretary and the prime sponsor with a thorough understanding of the economic conditions of the area and of the prime sponsor's long-term programmatic and administrative arrangements to ensure that each annual program is designed and implemented in a manner best suited to such conditions and in a manner consistent with the requirements of this chapter. The formulation of such plan by the prime sponsor shall involve the active participation of the prime sponsor planning council, and such plan shall—

(1) include (A) a detailed analysis of the area to be served, including geographic and demographic characteristics of significant segments of the population to be served (with data indicating the number of potential eligible participants and their income and employment status), and (B) a comprehensive labor market analysis and assessment of the economic conditions in the area, identifying the availability of employment and training in various public and private labor market sectors in such area and the potential for job growth in such sectors;

(2) include a statement of the long-term goals of the prime sponsor for the improvement of such labor market and economic conditions;

(3) include a detailed description of