intake, service and placement system and shall be designed to achieve an employability plan and comprehensive program of job preparation and job search assistance for all participants under this chapter. Such partnerships may also include other related public and private nonprofit agencies and organizations, including community-based organizations.

(b) Results of partnerships

Such partnerships may result in

(1) the creation of a joint-planning, administrative, and operational entity;

(2) combining and colocation of staff; and (3) a joint data base and information system.

(c) Reimbursement for costs associated with implementation of partnership

The Secretary is authorized to reimburse prime sponsors for costs associated with the implementation of a partnership and to provide incentives to ensure that employment security agencies may participate on an equitable basis. (Pub. L. 93-203, title III, § 307, as added Pub. L. 95-524, § 2, Oct. 27, 1978, 92 Stat. 1966.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 815 of this title. § 878. Projects for middle-aged and older workers

(a) Development and establishment of programs; research

The Secretary shall

(1) develop and establish employment and training policies and programs for middleaged and older workers which will reflect appropriate consideration of these workers' importance in the labor force and lead to a more equitable share of employment and training resources for middle-aged and older workers; (2) develop and establish programs to facilitate the transition of workers over 55 years of age from one occupation to another within the labor force and to facilitate the transition of such workers from non-participation to participation in the labor force including work experience, vocational education, public service employment, on-the-job training, occupational upgrading, and job search and placement, and technical assistance to employers for establishing flexi-time, job sharing, and other innovative arrangements suited to the needs of older workers;

(3) conduct research on the relationships between age and employment and insure that the findings of such research are widely disseminated in order to assist employers in both the public and private sectors better understand and utilize the capabilities of middleaged and older workers; and

(4) develop and establish programs to develop methods designed to assure increased labor force participation by older workers who are able and willing to work but who have been unable to secure employment or who have been discouraged from seeking employment.

(b) Arrangements with prime sponsors, members of business community, etc.

In carrying out the provisions of subsection (a) of this section the Secretary shall provide for appropriate arrangements to be made with prime sponsors, members of the business community (including small business), labor organizations, local educational agencies, and community-based organizations as defined in section 802 of this title. Such arrangements may include, but need not be limited to

(1) an analysis of the local labor force on the basis of such factors as age, educational background, income, race, and sex, focusing particularly on comparative rates of labor force participation and of unemployment and underemployment among the various demographic groups studied;

(2) an assessment of each participant's skills and work experience for purposes of formulating realistic second career objectives, including formal vocational testing instruments supplemented by such functional assessment methods and techniques to detect those skills and abilities of a participant as may be related to desired second career and occupational upgrading objectives;

(3) second career and occupational upgrading counseling by individuals knowledgeable about the employment and training needs of middle-aged and older workers;

(4) the establishment of second career objectives which will

(A) provide reasonable assurances to the participant that public and private sector demand exists for the skills developed in the second careers program; and

(B) enable the participant to compete successfully in the job market; and

(5) establishment of formal second careers training agreements, between participants and program sponsors, which

(A) set forth the career objectives of the participants and the steps required of each participant and prime sponsor to achieve these objectives;

(B) will remain in force until its terms are fulfilled, or renegotiated or terminated according to such procedures as shall be prescribed by the Secretary; and

(C) may be renegotiated or terminated, at any time, by the participant, or by the program sponsor for good cause.

(c) Payment of reasonable training costs of program sponsors

The Secretary is hereby authorized to pay program sponsors reasonable training costs to participants in second careers programs to the extent necessary to achieve the objectives of such programs in accordance with regulations prescribed by the Secretary, but in no case shall such payment exceed the permissible maximum under section 824(i)(1) of this title. Such costs may include reasonable tuition for participants engaged in technical or other institutional training and payments to program sponsors providing on-the-job training, provided that such payments are based on the actual number of hours of such training given

and responsibilities on the basis of the sex of persons who usually hold the positions.

(e) Programs designed to assist persons who might otherwise rely on public assistance

The Secretary is authorized to conduct a variety of demonstration and experimental projects to test the best methods of assisting persons, who might otherwise rely on public assistance or other income assistance, to find nonfederally assisted employment in the private and public sectors, and to provide federally assisted work and training opportunities for any such persons who are unable to find nonfederally assisted work or training opportunities. Such demonstration and experimental projects and programs are to be conducted, to the extent practicable, in rural and urban areas, in sparsely and densely populated areas, and in areas with inadequate means of transportation.

(f) Demonstration programs providing expanded guidance and counseling services to participants under this chapter

The Secretary is authorized to conduct demonstration programs and projects, which provide expanded guidance and counseling services to participants under this chapter through community vocational resource centers established in economically distressed communities or areas pursuant to section 2354(a)(7) of title 20. Such programs shall provide State boards of vocational education, which establish such community vocational resource centers, with funding for up to 50 per centum of the cost of such projects. The Secretary may make such funds available to a State board of vocational education when such board reaches agreement with the prime sponsor to assist out-of-school individuals in reentering school at the secondary or postsecondary level, to take advantage of vocational skill training opportunities including cooperative education and work-study programs, and to be offered referral to other training programs, apprenticeship programs, and on-the-job training for which academic credit may be available. Projects shall include provisions for outreach to inform the economically disadvantaged of the assistance available through the community resource centers and to provide assurances that programs will be coordinated with other guidance and counseling activities of the prime sponsor, including activities under section 920(c) of this title, other in-school guidance and counseling programs in the area, State employment service offices, and the activities of the private industry councils established pursuant to subchapter VII of this chapter.

(g) Educational and assistance programs designed to eliminate artificial barriers to employment The Secretary shall conduct educational and assistance programs designed to eliminate artificial barriers to employment based upon race, sex, national origin, age, records of arrest or conviction, handicaps, marital status, or other criteria. To support such programs, information shall be developed identifying all such artificial barriers, the numbers of persons affected, the manner in which such barriers operate and how such barriers can best be eliminated. In complying with the requirements of this subsection,

the Secretary shall consult with the Department of Health and Human Services, Department of Education, the United States Civil Rights Commission, and the Equal Employment Opportunity Commission.

(Pub. L. 93-203, title III, § 311, as added Pub. L. 95-524, § 2, Oct. 27, 1978, 92 Stat. 1968, and amended Pub. L. 96-88, title V, § 508(h)(4), Oct. 17, 1979, 93 Stat. 693; Pub. L. 96-583, § 3(c), Dec. 23, 1980, 94 Stat. 3376.)

REFERENCES IN TEXT

The Fair Labor Standards Act of 1938, referred to in subsec. (b), is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is classified principally to chapter 8 (§ 201 et seq.) of this title. For complete classification of this Act to the Code, see section 201 of this title and Tables.

PRIOR PROVISIONS

A prior section 311 of Pub. L. 93-203, title III, Dec. 28, 1973, 87 Stat. 860; Pub. L. 94-444, § 10, Oct. 1, 1976, 90 Stat. 1483, which related to the establishment of a comprehensive program of manpower research, was classified to former section 881 of this title, prior to the general revision of Pub. L. 93-203 by Pub. L. 95-524.

AMENDMENTS

1980-Subsec. (b). Pub. L. 96-583 substituted "Secretary of Education" for "Secretary of Health, Education, and Welfare".

1979-Subsec. (g). Pub. L. 96-88 substituted references to the Departments of Health and Human Services and Education for reference to the Department of Health, Education, and Welfare.

EFFECTIVE DATE OF 1979 AmendmeNT Amendment by Pub. L. 96-88 effective May 4, 1980, with specified exceptions, see section 601 of Pub. L. 96-88, set out as an Effective Date note under section 3401 of Title 20, Education.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 871 of this title. § 880. Labor market information and job bank program

(a) Comprehensive system of labor market informa

tion

The Secretary shall develop a comprehensive system of labor market information on a national, State, local, or other appropriate basis, which shall be made publicly available in a timely fashion.

(b) Statistically accurate data on unemployment, underemployment, and labor demand

In addition to the monthly national unemployment statistics, the Secretary shall develop reliable methods, including the use of selected sample surveys, to produce more statistically accurate data on unemployment by State and local areas, and shall investigate alternative methods to produce more accurate data on underemployment and labor demand by State and local areas.

(c) Annual statistical measure of labor market related economic hardship

The Secretary shall develop data for an annual statistical measure of labor market re

lated economic hardship in the Nation. Among the factors to be considered in developing such a measure are unemployment, labor force participation, involuntary part-time employment, and full-time employment at wages less than the poverty level.

(d) Household budget data

The Secretary shall develop methods to establish and maintain more comprehensive household budget data at different levels of living, including a level of adequacy, to reflect the differences of household living costs in regions and localities, both urban and rura!. (e) Sums set aside; notification to Congress

The Secretary shall set aside, out of sums available to the Department for any fiscal year including sums available for this subchapter, an amount which the Secretary determines is necessary and appropriate to carry out the provisions of this section, and shall, no later than sixty days after such sums are appropriated and made available, notify the appropriate committees of the Congress of the amount so set aside and the basis for the determination of need and appropriateness.

(f) Job bank

The Secretary shall establish and carry out a nationwide computerized job bank and matching program (including the listing of all suitable employment openings with local offices of the State employment service agencies by Federal contractors and subcontractors and providing for the affirmative action as required by section 2012(a) of title 38) on a regional, State, and local basis, using electronic data processing and telecommunications systems to the maximum extent possible for the purpose of identifying sources of available persons and job vacancies, providing an expeditious means of matching the qualifications of unemployed, underemployed, and economically disadvantaged persons with employer requirements and job opportunities, and referring and placing such persons in jobs.

(Pub. L. 93-203, title III, § 312, as added Pub. L. 95-524, § 2, Oct. 27, 1978, 92 Stat. 1970.)

PRIOR PROVISIONS

A prior section 312 of Pub. L. 93-203, title III, Dec. 28, 1973, 87 Stat. 861, which related to development of a system of labor market information and establishment of a job bank program, was classified to former section 882 of this title prior to the general revision of Pub. L. 93-203 by Pub. L. 95-524.

§ 881. Evaluation

(a) Effectiveness, impact, etc., of all programs, activities, and research and demonstration projects conducted pursuant to this chapter

The Secretary shall provide for the continuing evaluation of all programs, activities, and research and demonstration projects conducted pursuant to this chapter, including their costeffectiveness in achieving the purposes of this chapter, their impact on communities and participants, their implication for related programs, the extent to which they meet the needs of persons by age, sex, race, and national origin, and the adequacy of the mechanism for the de

livery of services. In conducting evaluations the Secretary shall compare the effectiveness of programs conducted by prime sponsors of the same class and of different classes, and shall compare the effectiveness of programs conducted by prime sponsors with similar programs carried out by the Secretary under the chapter. The Secretary shall also arrange for obtaining the opinions of participants about the strengths and weaknesses of the programs. (b) Effectiveness of programs authorized under part C of title IV of the Social Security Act The Secretary shall evaluate the effectiveness of programs authorized under this chapter and part C of title IV of the Social Security Act [42 U.S.C. 630 et seq.] with respect to the statutory goals and objectives, including increases in employment and earnings for participants, duration in training and employment situations, information on the post-enrollment labor market experience of program participants for at least a year following their termination from such programs, and comparable information on other employees or trainees of participating employers.

(c) Use of statistical sampling techniques to reduce paperwork and costs

In order to reduce the paperwork burden and costs on prime sponsors, project applicants and program agents, in carrying out evaluations of the cost-effectiveness of identical or similar programs of prime sponsors, the impact of such programs on communities and agents, the implication for related programs, and the adequacy of the mechanism for the delivery of services, the Secretary shall to the maximum extent possible, consistent with the purposes of this chapter, use statistical sampling techniques.

(d) Submission of annual evaluation plan to Congress

and

The Secretary shall prepare and submit to the Congress an annual evaluation plan, setting forth major themes for the areas of research, statistics, evaluation, experimentation, demonstrations to be undertaken in the succeeding fiscal year, the program purposes and policy alternatives to which each such area is related and the current and proposed funding and staffing levels. The Secretary shall specify in the portions of the plan relating to experimentation and demonstrations the intended outcome of proposed major innovations and the amount of time required to test the innovations or to achieve adoption of the demonstration. The information required by this subsection may be included in the annual report of the Secretary under section 829(a) of this title. (e) Submission of annual evaluation report to Congress

The Secretary shall prepare and submit to the Congress an annual evaluation report for employment and training programs. Such report may be included in the annual report of the Secretary under section 829(a) of this title. The Secretary shall include in such report

(1) a summary of the achievements, failures, and problems of the various programs