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 92 STAT. 1938

Post, p. 2010.

PUBLIC LAW 95-524—OCT. 27, 1978 in accordance with standards promulgated by the Secretary requiring adequate training of monitors and procedures for the prompt follow up of problems found during the monitoring process. The Secretary shall issue regulations to achieve the objectives of this subsection for title VII and on-the-job training programs with a minimum of burden on recipients. "(p) No recipient shall knowingly use any funds under this Act to enroll or serve any person who is an alien not lawfully admitted for permanent residence or who has not been authorized by the Attorney General to accept employment. " (q) Each prime sponsor receiving funds under this Act shall establish an independent unit to monitor compliance with the requirements of this Act, the regulations issued thereunder, and the comprehensive employment and training plan. The Secretary shall annually assess the effectiveness of the units established pursuant to the preceding sentence, with particular regard to the adequacy of provisions made for funding, staffing, and insuring the independence and objectivity of monitoring practices and methods. "SPECIAL CONDITIONS APPLICABLE TO PUBLIC SERVICE EMPLOYMENT

29 USC 824.

Post, p. 1960.

SEC. 122. Except as otherwise provided, the following conditions shall apply to all public service employment programs receiving financial assistance under this Act: " (a) Only persons residing within the area qualifying for assistance shall be employed, and the public services provided by such jobs, to the extent feasible, shall be designed to benefit the residents of such area. "(b)(1)(A) Public service employment under this Act is intended for eligible persons who are the most severly disadvantaged in terms of their length of unemployment and their prospects for finding employment. "(B) Special consideration in filling public service jobs shall be given to eligible persons who are public assistance recipients or who are eligible for public assistance but not receiving such assistance. "(2) Special consideration shall be given to eligible disabled and Vietnam-era veterans (with special emphasis on those who served in the Indochina Theatre on or after August 5, 1964, and on or before May 7, 1975) in accordance with procedures established by the Secretary, and special attention shall be given to the development of jobs which will utilize, to the maximum extent feasible, the skills which such veterans acquired in connection with their military training and service. "(3)(A) Special emphasis in filling public service jobs shall be given to eligible members of groups specifically identified in section ?)01(a) as facing particular labor market disadvantages, taking into account the household support obligations of persons applying for such jobs, but nothing in this Act shall authorize the Secretary to establish hiring or participation goals for such persons. "(B) Special efforts shall be made to acquaint such persons with the employment and training opportunities available under this Act, and to coordinate efforts in behalf of such persons with activities authorized by section 301. "(c)(1) No person shall be employed or job opening filled (A) when any other person not supported under this Act is on layoff from

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92 STAT. 1939

the same or any substantially equivalent job, or (B) when the employer has terminated the employment of any regular employee not supported under this Act or otherwise reduced its workforce with the intention of filling the vacancy so created bj'^ hiring a public service employee. "(2) No funds for public service employment programs under this Act may be used to provide public services, through a private organization or institution, which are customarily provided by a State, a political subdivision, or a local educational agency in the area served by the prograni. "(d) No jobs shall be created in a promotional line that will infringe in any way upon the promotional opportunities of persons cuirently employed in jobs not subsidized under this Act. "(e) No public service jobs shall be substituted for existing federally assisted jobs. "(f) The Secretary shall assure that prime sponsors have undertaken, or will undertake, analyses and reevaluations of job descriptions and, where feasible, revisions of qualification requirements at all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary, with a view toward removing artificial barriers to public employment (as defined in section 3) of those whom it is the purpose of this Act to assist. "(g) Financial records relating to public service employment programs, and records of the names, addresses, positions, and salaries of all persons employed in public service jobs, shall be maintained and made available to the public. "(h)(1) All persons participating in public service employment shall receive wages in accordance with section 124. "(2) No participant may be paid wages from funds under this Act for public service employment for more than 78 weeks in a 5-year period. "(3) For purposes of paragraph (2), no more than 26 weeks of public service employment financed in whole or in part under this Act prior to October 1, 1978, shall be considered as part of the 78 weeks. "(4)(A) The Secretary may waive the provisions of paragraph (2) or of section 121(c)(2) to provide a temporary extension of time for a limited number of persons who were originally hired in a public service employment program prior to October 1, 1978, and who continue to be so employed on September 30, 1979, in the case of a prime • -, sponsor which the Secretary determines has faced unusually severe hardships in its efforts to transition public service employees into regular public or private employment not supported under this Act or in the case of Native American entities who operate programs authorized under section 302(c)(1) of this Act. Post, p. 1962. "(B) The Secretary may waive the provisions of paragraph (2), with respect to any area served by a unit of general local government which is eligible to be a prime sponsor (or any area served by such a Native American entity) in which the rate of unemployment is equal to or exceeds 7 percent or, in the case of a prime sponsor which is a State, any area under the jurisdiction of a unit of general local government in which the rate of unemployment is equal to or exceeds 7 percent, to provide a temporary extension of time, which shall be no greater than 12 months in duration (and which shall be subject to the provisions of section 121(c)(2)), for persons hired on or after

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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PUBLIC LAW 95-524—OCT. 27, 1978

October 1, 1978, in a public service employment program under any title of this Act in the case of a recipient which the Secretary determines has faced unusually severe hardships in its efforts to transition public service employees into regular public or private employment not supported under this Act because of high unemployment in the area of service. "(i)(1) Funds under this Act shall not be used to pay wages to any individual employed in a public service job at a rate in excess of $10,000 per year, but such maximum shall be adjusted upward for particular areas served by recipients as determined by the Secretary^ on the basis of the wage adjustment index issued in accordance with paragraph (3) of this subsection. In no case shall such maximum be increased by more than 20 percent, except in the case of an area in which the average wage (during the calendar year preceding the beginning of the applicable fiscal year) in employment covered under Federal or State unemployment compensation laws (without regard to any limitation on the amount of such wages subject to contribution under such law) exceeds 150 percent of the national average wage in such employment. "(2) In order to provide the maximum number of employment and training opportunities under this Act, the Secretary shall issue appropriate standards to be maintained on an area basis with respect to average federally-supported wage rates for public service jobs under this Act. Such standards shall be designed to assure that for particular areas served by recipients, as determined by the Secretary, an annual average federally-supported wage rate per public service jobholder equivalent to $7,200, as adjusted in accordance with the wage adjustment index issued in accordance with paragraph (3) of this subsection, will not be exceeded. Average wage rates established under such standards for public service jobs for each area shall be adjusted annually by the Secretary by a percentage equal to the change in average wages in regular employment not supported under this Act in such area. Area wage "(3) The Secretary shall issue and publish annually an area wage adjustment index, adjustment index based upon the ratio which annual average wages in regulai- public and private employment in various areas served by recipients bear to the average of all such wages nationally, on the basis of the most satisfactory data the Secretary determines to be available. Post, p. 2012. "(4)(A) Except as otherwise provided in section 609, no public service employment participant may be provided wages for any public service employment job from sources other than this Act. "(B) Notwithstanding subparagraph (A), any person in public service employment on September 30, 1978, receiving wages from sources other than this Act may continue to receive such wages. "(j) Notwithstanding any eligibility limitation on public service employment in this Act, a person who on September 30, 1978, held a public service employment position under this Act may continue in such position subject to subsection (h) of this section. "(k) All persons employed in public service jobs shall be provided workers' compensation, health insurance, unemployment benefits, and other benefits and working conditions at the same level and to the same extent as other employees working a similar length of time, doing the same type of work and similarly classified. Any such classification must be reasonable and must include nonfederally financed employees, but within any single classification a distinction may be made between public service employees and other employees for purposes of determining eligibility for participation in retirement systems or plans

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 200 their way through the forest. Presently the youngest said to his brothers: "The old grizzly will be after us, and must soon overtake us. Now, if you will do as I tell you, all will be well. I want you to be quick and find me some wasps, some ants, and some dry wood-dust." His brothers did as he requested, and had barely accomplished their task when the old grizzly was seen rushing after them. They both became much alarmed, and thought their last hour was come; but their little brother told them they must all climb a tree, and take the wasps and the ants and the wood-dust with them. This they quickly did, managing to get among the branches just as their enemy reached the foot of the tree. Being unable to climb, she had resort to cunning. Dissembling, she began to mildly scold them, telling them their father had sent her after them to bring them home; that they were naughty boys, and that if they didn't come back with her their father would beat her with a big stick and be very angry. The little one whispered to his eldest brother, bidding him tell her to open her eyes and her mouth and her ears as wide as she could, and look upwards. Thinking it best to humour them, she complied. "Now sit down and open your arms wide, and I will drop my brothers down to you," said the eldest again at his little brother's suggestion. Again the grizzly complied; and as she sat thus, with her breast and face all exposed, expecting to receive the brothers as they fell, she received the wasps and ants and dust instead; and what with the stinging of the wasps, and the biting of the ants, and the dust in her eyes and ears and mouth, she was fain to leave the boys and attend to herself. While she was rolling and scratching and tearing herself, in her agony and pain, the boys slipped down from the tree and made off as quickly as they could. It was a long time before the wretched grizzly was able to see again, for, in addition to the dust which had filled her eyes, the wasps had stung her so badly about the face that her swollen cheeks and eyelids quite obstructed her sight. But as soon as she was able to see her way again, she started in pursuit once more, vowing a terrible revenge when she should catch them. As the boys were hurrying along, they came to the dwelling of an old man who went by the name of "Ground-hog." He was sitting


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which provide benefits based on age or service or both. Nothing in this subsection or in section 121(j) shall be deemed to require a contribution to a retirement system or plan for the purpose of providing retirement benefits based on age or service, or both, to a public service employee unless funds under this Act are available, pursuant to section 121 (j) to make such contribution. "(1) The Secretary, through State employment security agencies, shall inform unemployment compensation recipients and other applicants for assistance from the employment security agency of any available public service jobs for which they may be eligible. "(m) To the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public and private sectors, and to the extent compatible with such objectives, shall meet community needs including but not limited to community betterment activities (including rehabilitation of public properties, assistance in the weatherization of dwellings occupied by low income families, demonstration of energy conserving measures including solar energy techniques, removal of architectural barriers to access by handicapped persons to public facilities, and neighborhood revitalization), education, health care, transportation services, crime prevention and control, and environmental quality control. "(n) No individual shall be eligible to be employed in a public service employment position, if such individual has, within 6 months prior to the determination, voluntarily terminated, without good cause, his or her last previous full-time employment at a wage rate not less than the Federal minimum wage as prescribed under section 6(a)(1) of the Fair Labor Standards Act of 1938. 29 USC 206. "SPECIAL PROVISIONS

"SEC. 123. (a) No authority conferred by this Act shall be used to 29 USC 825. enter into arrangements for, or otherwise establish, any employment and training programs in the lower wage industries, except for those iobs (1) for which there exists a training program, approved by the Secretary, of a specified length of time desigfied to teach specific skills, ."nd (2) where the rate of labor turnover does not exceed substantially the rate of labor turnover in other industries in the same area. "(b) The Secretary shall provide for the sharing of the comprehensive employment and training plans between the prime sponsors and other recipients in the prime sponsor's area in order to assure maximum feasible coordination of activities and programs within the area and to minimize duplication. "(c)(1) Notwithstanding any other provisions of law, employment and training furnished under this Act in connection with weatherization projects may include work on projects for the near poor, including families having incomes which do not exceed 125 percent of the poverty level as determined in accordance with the criteria established by the Director of the Office of Management and Budget, and projects approved by the Community Service Administration pursuant to section 222(a)(5) of the Economic Opportunity Act of 1964 or the 42 USC 2809. Department of Energy pursuant to title IV of the Energy Conservation and Production Act of 1976. 42 USC 6851. "(2) Recipients of funds under this Act shall assure an adequate number of supervisory personnel for weatherization projects, who shall be adequately trained in skills needed to carry out the project and to instruct participants in skills needed to carry out a project.

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 92 STAT. 1942

Post, pp. 1950, 1960, 1970, 2005. Technical assistance.

Regulations.

42 USC 1437f.

Publication in Federal Register.

Standards and procedures.

PUBLIC LAW 95-524—OCT. 27, 1978 "(3) The Secretary shall facilitate and extend projects for work on the weatherization of low income housing in titles II, III, IV, and VI of this Act, so as to achieve the most efficient match of manpower funds to materials funds. The Secretary shall, in coordination with other appropriate agencies, provide technical assistance and otherwise encourage prime sponsors, serving areas where such projects would contribute to energy savings, to develop and continue weatherization projects as part of their programs under this Act to best prepare applicants for employment in energy related jobs in unsubsidized employment. ' (4) The Secretary shall issue regulations setting forth conditions under which prime sponsors, in carrying out community improvement projects, community betterment activities, and public service employment projects under this Act, may provide work for eligible participants on the rehabilitation of housing for lower-income families as defined in section 8(f)(1) of the United States Housing Act of 1937 as part of community revitalization or stabilization projects. "(d)(1) All allocations under this Act shall be based on the latest available data and estimates satisfactory to the Secretary. "(2) Whenever the Secretary allocates funds required to be allocated by formula under this Act, the Secretary shall publish the proposed amount to be distributed to each prime sponsor. "(3) Whenever the Secretary utilizes a formula to allocate funds made available for distribution in the Secretary's discretion under the Act (except funds appropriated for title III), the Secretary shall, not later than 30 days prior to such allocation, publish the formula in the Federal Register for comment along with the rationale for the formula and the proposed amount to be distributed to each prime sponsor. After consideration of comments received under the preceding sentence, the Secretary shall publish final allocations. "(e) For purposes of eligibility for participation in a program under this Act, no person shall be considered as unemployed unless such person has been unemployed for at least seven consecutive days. "(f)(1) All funds received under any title of this Act, which are allowed to be used for administrative costs under the provisions of the title under which they were received, may be pooled by the recipient so that they may be used to administer all programs under this Act, and may be used to plan for the administration of title VI programs without regard to present funding for such programs. "(2) Nothing in section 121 or this section shall be deemed to authorize the Secretary to pre-approve the selection of legal counsel by a prime sponsor, but the Secretary shall assure that no funds available for administrative costs under any title of this Act are used by a prime sponsor for making payments on contracts for legal or other associated services unless the prime sponsor certifies that— "(A) the payments are not unreasonable in relation to the fees charged by other contractors providing similar services; and "(B) the services could not be competently provided through employees of the prime sponsor or other available State or local governmental employees. "(g) The Secretary, by regulation, shall establish such standards and procedures for recipients of funds under this Act as are necessary to assure against program abuses including, but not limited to, nepotism; conflicts-of-interest; the charging of fees in connection with participation in the program; excessive or unreasonable legal fees; the improper commingling of funds under the Act with funds received from other sources; the failure to keep and maintain sufficient, audit-

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92 STAT. 1943

able, or otherwise adequate records; kickbacks; political patronage; violations of applicable child labor laws; the use of funds for political, religious, antireligious, unionization, or antiunionization activities; the use of funds for lobbying local. State, or Federal legislators; and the use of funds for activities which are not directly related to the proper operation of the program. "(h) Pursuant to regulations of the Secretary, income generated under any program may be retained by the recipient to continue to carry out the program, notwithstanding the expiration of financial assistance for that program, "(i) Every recipient which receives funds directly from the Secretary shall be responsible for the allocation of such funds and the eligibility of those enrolled in the program and shall have responsibility to take action against its subcontractors, subgrantees, and other recipients to eliminate abuse in their programs and to prevent aiiy misuse of funds by such subcontractors, subgrantees, and other recipients. Prime sponsors may delegate the responsibility for determination of eligibility under reasonable safeguards, including provisions for reimbursement of cost incurred because of erroneous determinations made with insufficient care, provided that the Secretary has approved such an arrangement pursuant to the provisions of section Ante, p. 1922. 104(a). "(j) Federal assistance under this Act shall not be used for the payment of a fee for the placement of any persons in a training or employment program under this Act. Nor may any person or organization charge a fee for the placement or referral of any person in or to such program. "(k) The Secretary shall notify the Governor and the appropriate Notification. prime sponsor of any activity to be funded by the Secretary under this Act within the State or prime sponsor area. "(1) The Secretary and recipients of financial assistance under this Act shall give special consideration, in carrying out programs author- \ ized by this Act, to community-based organizations, as defined in section 3, which have demonstrated effectiveness in the delivery of Ante, p. 1912. employment and training services"(m) The Secretary of Labor may assist Native American entities which are eligible to receive assistance under section 302, in applying for financial assistance under the Act. WAGES AND ALLOWANCES

"SEC. 124. Except as otherwise provided in this Act, the following allowances and wages shall apply to all activities financed under this Act: "(a)(1) The Secretary shall establish a basic hourly allowance for an individual receiving training for which no wages are payable at a rate which, when added to the amounts of unemployment compensation, if any, received by the trainee, shall be no less than the hourly minimum wage under section 6(a)(1) of the Fair Labor Standards Act of 1938 or, if higher, under the State or local minimum wage law applicable to most employees in the State, and such basic allowances shall, in the case of an individual with dependents be increased by $5 a week for each dependent over 2 up to a maximum of 4 additional dependents. " (2) Pursuant to regulations of the Secretary, the prime sponsor may increase, decrease, prorate, or waive the basic allowance. "(3) Except for trainees receiving allowances under part A of title IV, a trainee receiving public assistance, or whose needs or

29 USC 826. Basic hourly allowance,

29 USC 206.

Post, p. 1974.

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PUBLIC LAW 95-524—OCT. 27, 1978 income is taken into account in determining such public assistance payments to others, shall receive an incentive allowance for each hour spent in training not to exceed $30 per week. Such allowance shall be disregarded in determining the amount of public assistance payments under Federal or federally assisted public assistance programs. "(4) A trainee shall receive no allowances for hours during which the trainee fails to participate without good cause. "(b) A person in public service employment or similar employment shall be paid wages which shall not be less than the highest of (1) the minimum wage under section 6(a)(1) of the Fair Labor Standards Act of 1938 (2) the minimum wage under the applicable State or local minimum wage law or (3) the prevailing rates of pay for persons employed in similar occupations by the same employer. "(c) Persons in on-the-job training shall be compensated by the employer at such rates, including periodic increases, as may be deemed reasonable under regulations prescribed by the Secretary, considering such factors as industry, geographical region, skill requirements and individual proficiency, but in no event less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 or the applicable State or local minimum wage law. ",(d) Persons in work experience shall be paid wages not less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 or the applicable State or local minimum wage law.

29 USC 206.

'LABOR

29 USC 827. .:

STANDARDS

"SEC. 125. All laborers and mechanics employed by contractors or subcontractors in any construction, alteration, or repair, including painting and decorating of projects, buildings, and works which are 3 federally assisted under this Act, shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a-5). The Secretary shall have, with respect to such labor standards, the authority and functions set forth in Keorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of June 1, 1934, as amended (48 Stat. 948, as amended; 40 U.S.C. 276 (c)). " SECRETARY ' S AUTHORITY A N D P E R FOR M A N C E STANDARDS

Rules and regulations. 29 USC 828.

5 USC 500 et seq. 5 USC 553. Publication in Federal Register. eopies to congressional committees.

"SEC. 126. (a)(1) The Secretary may, in accordance with chapter 5, title 5, United States Code, prescribe such rules and regulations, including performance standards, as deemed necessary in accordance with paragraph (2). Such rules and regulations may include adjustments authorized by section 204 of the Intergovernmental Cooperation Act of 1968. For purposes of chapter 5 of such title any condition for receipt of financial assistance shall be deemed a rule to which section 553 applies. AH such rules, regulations, guidelines, and other published interpretations or orders under this Act shall be published in the Federal Register at least 30 days prior to their effective date. Copies of all such rules, regulations, guidelines, and other published interpretations or orders shall be transmitted to the appropriate committees of the Congress at the same time and shall contain with respect to each

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material provision of such rules, regulations, guidelines, and other published interpretations or orders, citations to the particular substantive section of law which is the basis therefor. " (2) The Secretary shall assess the adequacy of each prime sponsor's proposed performance and placement goals in accordance with perlormance standards which recognize that performance will vary with local conditions and the nature of employment barriers faced by the eligible population to be served. Performance standards shall provide appropriate recognition of differences associated with the degree of disadvantage or handicap of the eligible population, as well as such factors as— "(A) the local labor market conditions, including the levels of unemployment, and the current and projected labor market demands; "(B) the economic base of the community, including the growth or decline of industry within the community; "(C) the distribution of available employment opportunities by industry or occupation, for persons residing within the prime sponsor's area; "(D) the differing needs of the eligible population which will vary the costs for services and which will require setting different performance standards depending on the disadvantage,nandicap, capabilities, and job readiness of the eligible population to be served; and " (E) such other factors as the Secretary deems appropriate. "(b) The Secretary may make such grants, contracts, or agreements, establish such procedures and make such payments, in installments and in advance or by way of reimbursement, or otherwise allocate or expend funds made available under this Act, as deemed necessary to carry out the provisions of this Act, including (without regard to the provisions of section 4774(d) of title 10, United States Code) expenditures for construction, repairs, and capital improvements, and including necessary adjustments in payments on account of overpayments or underpayments. "(c) The Secretary may delegate within the Department of Labor authority over the Office established pursuant to section 135 in order to effectively carry out the purposes of such section. "(d) The Secretary shall, to the extent feasible, reduce the costs of compliance imposed on prime sponsors by rules and regulations issued under this Act including, but not limited to, the costs of applications, plan preparation, data collection, recordkeeping, report preparation, and other paperwork and regulatory cost burdens. " (e) In order to reduce paperwork burdens, the Secretary is authorized to consolidate reports required by this Act. Nothing in this subsection shall be construed to reduce or eliminate the requirements established by this Act relating to the furnishing of information by the Secretary. "(f) Notwithstanding any other provision of this Act, no authority to enter into contracts under this Act shall be effective except to such an extent or in such an amount as are provided in advance in appropriations Acts. "REPORTS

"SEC. 127. (a) The Secretary shall make such reports and recom- 29 USC 829. mendations to the President as the Secretary deems appropriate pertaining to employment and occupational requirements, resources, use, and training, and the President shall transmit to the Congress a

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PUBLIC LAW 95-524—OCT. 27, 1978

report on the same topics not later than March 1 of each year. The first such report submitted after the effective date of the Comprehensive Ante, p. 1909. Employment and Training Act Amendments of 1978 shall include recommendations with respect to necessary legislative or administrative changes required to simplify on-the-job training contracting procedures under this Act. "(b) The Secretary and the Secretary of Health, Education, and Welfare shall report to the Congress on the extent to which social services, community colleges, area vocational and technical schools and other vocational education agencies and institutions, and vocational rehabilitation agencies are being utilized to carry out training programs supported in whole or in part under this and related Acts; the extent to which administrative steps have been taken or are being taken to encourage the use of such facilities and institutions and agencies in the carrying out of the provisions of this Act; and any further legislation that may be required to assure effective coordination and utilization of such facilities and agencies to the end that all federally supported employment and training, vocational education, and vocational rehabilitation programs can more effectively accomplish the objective of providing employment and training opportunities to all persons needing such employment and training. "(c) The Secretary shall annually transmit to the Congress a detailed report which evaluates all programs and activities conducted under this Act, including that information derived from evaluations Post, p. 1971. provided for in section 313. The Secretary shall include specific data concerning the extent to which (1) participants in such activities subsequently secure and retain public or private employment, participate in training or employability development programs, and (2) significant segments of the population of unemployed persons are provided public service employment opportunities. No later than March 1, 1980, the Secretary shall report to Congress proposals for the integration and consolidation of the programs established by part A of title IV and Post, pp. 1974, title VII with the program established by title II. 2010. "(d) In order to assist the Secretary in preparing the report required by this section, the Secretary shall require as a condition of financial assistance that annual reports and evaluations be submitted in accordance with regulations. The data derived from such reports shall be compiled on a State, regional, and national basis, and shall be included in the annual report to the Congress. Such reports shall include but not be limited to the following information: "(1) a detailed comparison of program performance with approved plan; "(2) participant characteristics (cross-tabulated); " (3) average cost per participant; and " (4) the types of outcomes that participants experience after the program. " (e)(1) In the annual report to Congress required in subsection (a), the Secretary shall make recommendations for program modification, including recommendations for the succeeding fiscal year, based upon such findings, and other legislative or administrative recommendations as the Secretary deems appropriate. "(2) In the annual report required in subsection (a), the Secretary , shall inchide a description of the actions, if any, which the Secretary undertook during the fiscal year for which the report is made to reduce the costs of compliance imposed on the prime sponsors by rules or

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regulations issued under this Act, as required under section 1 2 6 (d). " (f) I n the annual report required under subsection (a), the Secretary shall report on the monitoring and auditing activities of the Department, on administrative changes made or proposed to improve such activities, and on actions taken under section 106, and shall make Ante, p. 1926. any necessary proposals for legislative action. " (g) The Secretary shall transmit to the Congress, as a part of the report required by subsection (a), a detailed report on the evaluations and pilot and demonstration projects conducted with funds made available under this Act, including employment service/prime sponsor demonstration projects. " (h) The Secretary shall, in consultation with the Director of the Office of Management and Budget, submit a report once each year to the Congress on efforts being taken to reduce paperwork and reporting and to comply with the requirements of the Federal Reports Act and management directives of the Office of Management and Budget. " (i) Any evaluation report, or data, or information collected in preparation of such report submitted under this section or under any other provisions of this Act, or any contract which is made or information pursuant to such contract which is paid for or made with appropriated funds shall be made available upon request, within four days to the chairman or r a n k i n g minority member of the Committee on Education and Labor of the House of Representatives and the Committee on Human Resources of the Senate. " (j) The Secretary shall report to Congress, as part of the annual report for fiscal year 1979, his recommendations for legislative changes designed to increase the representatives and independence of the prime sponsor's planning councils, with special attention to the process for selecting council memberships. "SERVICES AND PROPERTY

" SEC. 128. The Secretary is authorized, in carrying out functions 29 USC 830. and responsibilities under this Act, to accept, purchase, or lease in the name of the Department, and employ or dispose of in furtherance of the purposes of this Act, or any title thereof, any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise; and to accept voluntary and uncompensated services, notwithstanding the provisions of section 3679(b) of the Revised Statutes of the United States. 31 USC 665. "UTILIZATION OP SERVICES AND FACILITIES

" SEC. 129. (a) I n addition to such other authority as the Secretary 29 USC 831. may have, the Secretary is authorized, in the performance of functions under this Act, and to the extent permitted by law, to utilize the services and facilities of departments, agencies, and establishments of the United States. The Secretary is also authorized to accept and utilize the services and facilities of the agencies of any State or political subdivision of a State, with its consent. " (b) The Secretary shall carry out responsibilities under this Act through the utilization, to the extent appropriate, of all resources for skill development available in industry, labor, public and private educational and t r a i n i n g institutions, vocational rehabilitation agencies, and other State, Federal, and local agencies and other appropriate public and private organizations and facilities, with their consent.

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 92 STAT. 1948

PUBLIC LAW 95-524—OCT. 27, 1978 a INTERSTATE

29 USC 832. i,

t

"SEC. 130. In the event that compliance with provisions of this Act would be enhanced by cooperative agreements between States, the consent of Congress is hereby given to such States to enter into such compacts and agreements to facilitate such compliance, subject to the approval of the Secretary. 'PROHIBITION

29 USC 833.

5 USC 1501 et seq.

AGREEMENTS

AGAINST POLITICAL

ACTIVITIES

"SEC. 131. (a) The Secretary shall not provide financial assistance for any program under this Act which involves political activities. " (b) Neither the program, the funds provided therefor, nor personnel employed in the administration thereof, shall be, in any way or to any extent, engaged in the conduct of political activities in contravention of chapter 15 of title 5, United States Code. "NONDISCRIMINATION

29 USC 834.

Ante, p. 1926.

42 USC 2000d-l. 42 USC 2000d-2.

"SEC. 132. (a) No person in the United States shall on the ground of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in the administration of or in connection with any program or activity funded in whole or in part with funds made available under this Act. "(b) Whenever the Secretary determines that a recipient of financial assistance has failed to comply with subsection (a) or an applicable regulation, the Secretary, in addition to exercising the powers and functions provided in section 106, is authorized (1) to refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; (2) to exercise the powers and functions provided by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d); or (3) to take such other action as may be provided by law. In any case in which the Secretary receives a complaint from any interested person or organization under section 106 with respect to an alleged violation of subsection (a) of this section, the Secretary shall make the determination referred to in the preceding sentence no later than 120 days after receiving such complaint. "(c) When a matter is referred to the Attorney General pursuant to subsection (b), or whenever the Attorney General has reason to believe that a recipient is engaged in a pattern or practice in violation of the provisions of this section, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including injunctive relief. "(d) In addition to other remedies, the Secretary is authorized to enforce the provisions of subsection (a) dealing with discrimination on the basis of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief, in accordance with section 602 of the Civil Rights Act of 1964. Section 603 of such Act shall apply with respect to any action taken by the Secretary to enforce such provisions of such subsection. This section shall not be construed as affecting any other legal remedy that a person may have if that person is excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with any program or activity receiving assistance under this Act.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/669

 PUBLIC LAW 95-524—OCT. 27, 1978

92 STAT. 1949

" (e) No participant under this Act shall be discriminated against by reason of citizenship. Participation shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, and lawfully admitted refugees and parolees. " (f)(1) The Secretary shall review, on a periodic basis, the adequacy of outreach, training, placement, and advancement practices with respect to handicapped individuals by each prime sponsor pursuant to section 103(b) (15) and shall insure that the special needs of Ante, p. 1918. such individuals are being met. " (2) The Secretary shall include in each annual report pursuant to section 127(a) a complete evaluation of the conduct of and achievements in outreach, training, placement, and advancement practices with respect to handicapped individuals by prime sponsors pursuant to section 103(b) (15), including a comparison of such practices and achievements with the preceding year. "RECORDS, Auorrs, AND INVESTIGATIONS

" SEC. 133. (a) I n order to assure that funds provided under this 29 USC 835. Act are used in accordance with its provisions, the following provisions shall apply. " (1) Every recipient of funds under this Act shall make, keep, and preserve such records as the Secretary shall require with regard to each employee and each participant. Such records, including periodic reports, audits, and examinations, shall be preserved for such time as the Secretary establishes and shall be made available to the Secretary at such time and in such form, including periodic reports, audits, and examinations as the Secretary may require by regulation or order. " (2) The Secretary may investigate such facts, conditions, practices, or other matters the Secretary deems necessary to determine whether any recipient of funds or any official of such recipient has violated any provision of this Act or of the regulations. Such investigations may include, but need not be limited to, inspecting all records of the recipient (including making certified copies thereof), questioning employees, and entering any premises or onto any site in which any part of the recipient's program is conducted. " (3) For the purpose of any hearing or investigation authorized under this Act, the provisions of section 9 of the Federal Trade Commission Act (15 U.S.C. 49, relating to the attendance of witnesses and the production of books, papers, and documents) are made applicable to the Secretary. " (b) The Secretary shall complete all audits of recipients of funds which he deems necessary in a timely fashion following the end of the fiscal year for which the audits are made. I n the annual report required under section 127(a), the Secretary shall include a statement of the average delay between the end of each fiscal year and the audits of prime sponsors for such year, the actions, if any, taken by the Secretary to reduce the delay, and the additional funds and personnel the Secretary would need in order to carry out all audits within the 24-month period following the end of the fiscal year for which the audits are made. "BONDING

" SEC. 134. E v e r y officer, director, agent, or employee of a recipient 29 USC 836. of funds under this Act who handles funds or other financial assistance received under the Act shall be bonded to provide protection against loss by reason of fraud or dishonesty on such person's part directly or

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Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/239

 Rh in his doorway as they passed, and having knowledge of their distress he accosted them kindly. "Hullo, children!" said he, "keep your spirits up, I'll help you, and hinder the old grizzly when she comes by. You run on to the river, and my brother the ferryman there will put you over the river before the grizzly can overtake you. I have sent word to him by the talking bird that you are coming, and will want to cross in a hurry." The boys thanked the old man and ran on towards the river. By this time, however, the angry grizzly was after them again, and they had not gone far beyond Ground-hog's when she arrived at his house. As she was dashing past, the little old man popped his head out of his door, which was fashioned by two large stones, after the manner of a spring trap, which he could open and shut from within, and called out to the grizzly to stop a moment. She made to rush past him; but he laughed so exasperatingly at her woeful plight, and mocked and abused her so roundly, that he at length provoked her to turn aside for the purpose of punishing him. The little man waited till she was quite close, scoffing at her the while; and when she sought to seize him he suddenly popped down his hole, pulling his door close after him with a sudden click that nearly took the old grizzly's nose off. Seeing that he was safe from her reach, she started off again after the boys, but had not gone a dozen yards when Ground-hog opened his door and popped his head out again, and jeered and taunted and mocked her worse than before. Though loth to delay, so biting and exasperating were the words he flung at her, that she half-turned to make for him once more. "Come on, come on, you old cannibal, you murderess and child-eater, come on! I'm not afraid of you, and I'll tell you what I think of you!" There was no enduring such language as this from a ground-hog; so she turned aside again and rushed at the little old fellow, who waited till she was nearly upon him, and then, with a scoffing laugh, scuttled down his hole, closing his door as before. This delay, which good-natured Ground-hog had caused the grizzly, enabled the boys to get to the river, jump into the waiting boat, and be ferried over before their enemy got to the bank. As the boys jumped out of the boat, the ferryman, who was known by the same name as his brother, told them not to trouble themselves about the grizzly any more, she would never trouble them again; that he was going to punish and make an end of her for her great wickedness. The


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Page:United States Statutes at Large Volume 92 Part 2.djvu/670

 PUBLIC LAW 95-524—OCT. 27, 1978

92 STAT. 1950

through conspiracy with others. The Secretary shall establish the amount and other bonding requirements by regulation. u OFFICE o r MANAGEMENT ASSISTANCE Establishment.

29 USC 837.

Periodic publications.

"SEC. 135. The Secretary shall establish, in the office of the Secretary, an Office of Management Assistance and shall assign to such office such especially qualified accountants, management specialists, and other professionals as may be necessary and available to provide management assistance to smj prime sponsor— "(1) seeking the service of such office on its own initiative to assist it in overcoming problems in the management, operation, or supervision of any program or project under this Act; and "(2) identified, pursuant to a complaint investigation, internal audit, or audit or investigation as not being in compliance with any important requirement of this Act, of regulations issued thereunder, or of the comprehensive employment and training plan. Services under this section may be provided on a reimbursable or nonreimbursable basis, as determined by the Secretary, and shall be allocated in a manner to assure equitable but effective distribution of such services. The Secretary shall periodically publish any proposals for corrective action made by the Office which may be useful to other prime sponsors. "TITLE II—GOMPREHENSIVE EMPLOYMENT AND TRAINING SERVICES "PART A—FINANCIAL ASSISTANCE PROVISIONS a PURPOSE OF PROGRAM

Establishment.

29 USC 841.

"SEC. 201. It is the purpose of this title to establish programs to provide comprehensive employment and training services throughout the Nation in order to ease barriers to labor force participation encountered by economically disadvantaged persons, to enable such persons to secure and retain employment at their maximum capacity, and to enhance the potential for individuals to increase their earned income. Such programs shall include the development and creation of training, upgrading, retraining, education, and other services needed to enable individuals to secure and retain employment at their maximum capacities so as to increase their earned incomes.

29 USC 842.

^,

'

"ALLOCATION OF FUNDS

«SEC. 202. (a)(1)(A) Eighty-five percent of the amount available for parts A, B, and C of this title in fiscal year 1979 shall be allocated as follows: "(i) 50 percent of the amount allocated under this paragraph shall be allocated to each State on the basis of the sums received ..^ by the State under title I of the Comprehensive Employment and Training Act of 1973 for fiscal year 1978 compared to the sums received by all States under such title in that year; " (ii) 371/^ percent of the amount allocated under this paragraph shall be allocated to each State on the basis of the relative number of unemployed persons within the State as compared to the number in all States; "(iii) 121/^ percent of the amount allocated under this paragraph shall be allocated to each State on the basis of the relative

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Page:United States Statutes at Large Volume 92 Part 2.djvu/671

 PUBLIC LAW 95-524—OCT. 27, 1978

92 STAT. 1951

number of adults in families with an annual income below the low-income level within the State compared to the total number in all States; and " (iv) Not less than $2,000,000 shall be allocated among Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and the Northern Marianas in accordance with their respective needs. ''(B) The sum allocated to each State shall be allocated by the Secretary among prime sponsors within the State on an equitable basis based upon the factors set forth in subparagraph (A). ' "(2)(A) Eighty-five percent of the amount available for parts A, B, and C of this title in fiscal years 1980, 1981, and 1982 shall be allocated as follows: "(i) two-thirds of such amount shall be allocated in accordance with the provisions of subparagraph (B) of this paragraph; and "(ii) one-third of such amount shall be allocated in accordance with the provisions of subparagraph (C) of this paragraph. " (B) The amount allocated under this subparagraph shall be allocated as follows: " (i) 50 per centum of the amount allocated under this subparagraph shall be allocated on the basis of the amount allocated to the prime sponsor under this subparagraph (or under paragraph (1)) in the fiscal year prior to the year for which the determination is made compared to the amount so allocated to all prime sponsors in that year; "(ii) 371/^ per centum of the amount allocated under this subparagraph shall be allocated on the basis of the relative number of unemployed persons within jurisdiction of the prime sponsor as compared to such numbers in all such jurisdictions; "(iii) 121/^ per centum of the amount allocated under this subparagraph shall be allocated on the basis of the relative number of adults in families with an annual income below the low-income level within the jurisdiction of the prime sponsor compared to such total numbers in all such jurisdictions; and "(iv) not less than $2,000,000 shall be allocated among Guam, the Virgin Islands, the Northern Marianas, American Samoa, and the Trust Territory of the Pacific Islands, in accordance with their respective needs. "(C) The amount allocated under this subparagraph shall be allocated among prime sponsors in accordance with the number of unemployed persons residing in areas of substantial unemployment within the jurisdiction of the prime sponsor compared to the number of unemployed persons residing in all such areas. "(b) Six percent of the funds available for parts A, B, and C of this title shall be available only for grants under section 204 for supplemental vocational education assistance. "(c) One percent of the amount available for parts A, B, and C of this title shall be available to the Secretary to be allocated in the same manner as provided under subsection (a) to States for the costs of the State employment and training council incurred in carrying out the provisions of section 110, except that no State shall receive an alloca- Ante, p. 1930. tion of less than $50,000. If any State does not need the amount allocated under this subsection for any fiscal year, that amount shall be available for the Governor's coordination and special services under section 105. Ante, p. 1925. "(d) One percent of the amounts available for this title shall be available to the Governor of each State in the same proportion as that

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Page:United States Statutes at Large Volume 92 Part 2.djvu/672

 92 STAT. 1952

Ante, p. 1925.

29 USC 813.

Ante, p. 1917. '

PUBLIC LAW 95-524—OCT. 27, 1978 State's allocation under subsection (a) for encouraging coordination and establishing linkages between prime sponsors and appropriate educational agencies and institutions, and institutions providing training programs which are approved by the Secretary, and for services for eligible participants delivered jointly by employment and training agencies and appropriate educational agencies and institutions. "(e) Four percent of the amounts available for parts A, B, and C of this title shall be available to each Governor in the same proportion as that State's allocation under subsection (a), for the Governor's coordination and special services under section 105, and, when deemed necessary by the Governor, for additional support of State employment and training councils. "(f)(1) The remainder of the funds shall be available in the Secretary's discretion to be distributed among prime sponsors (or where a prime sponsor's comprehensive employment and training plan has not been approved, an area served by the Secretary under the authority in section 102) in accordance with the provisions of paragraph (2). "(2)(A) The Secretary shall first utilize such funds to assure that each prime sponsor is provided with (i) an amount for fiscal year 1979 equal to 90 percent of the sum of the funds available for expenditure during fiscal year 1978 by such prime sponsor under section 103(a)(2), (f)^ and (g) (as in effect prior to the enactment of the Comprehensive Employment and Training Act Amendments of 1978); (ii) an amount for fiscal year 1980, equal to 90 percent of the sum of the funds available for expenditure during fiscal year 1979 by prime sponsors under subsection (a)(1); or (iii) an amount for any fiscal year beginning on or after October 1, 1980, equal to 90 percent of the sum of the funds available for expenditure during the preceding fiscal year by such prime sponsor under subsection (a)(2). "(B) The Secretary shall next use such funds (i) to provide continued support for concentrated employment program grantees serving rural areas having high levels of unemployment, and (ii) to allocate among the prime sponsors serving areas within those standard metropolitan statistical areas and central cities for which current population surveys were used to determine annual unemployment data prior to January 1, 1978, in proportion to the extent to which such prime sponsors allocations under this subsection are reduced as a result of termination of the use of such surveys, but in no event shall such a prime sponsor receive an amount in excess of the amount of such reduction. The allocations required under clause (ii) of this subparagraph shall not be made for any fiscal year beginning on or after October 1, 1980, or until such time as the Secretary determines that current population survey data is available for use on a satisfactory basis for such areas and the remaining area of each State, whichever occurs first. "(C) The Secretary shall next use such funds as needed to provide continued funding of programs of demonstrated effectiveness, and to encourage, after consultation with and receiving recommendations from the Governor of the appropriate State, voluntary consortia (formed under section 101(a)(3)) where the Secretary determines, pursuant to regulations, that such consortia demonstrate advantages in delivering employment and training services to substantial portions of functioning labor market areas. "(g) Prime sponsors are authorized to use funds allocated under this section to support prime sponsor planning councils.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/673

 PUBLIC LAW 9 5 - 5 2 4 ^ 0 C T. 27, 1978

92 STAT. 1953

"CONDITIONS FOR RECEIPT o r FINANCIAL ASSISTANCE

"SEC. 203. (a) The Secretary shall not provide financial assistance 29 USC 843, for any fiscal year to a prime sponsor unless the prime sponsor submits a satisfactory comprehensive employment and training plan pursuant to section 103. Ante, p. 1918. "(b) Not more than 6.5 per centum of each prime sponsor's allocation under section 202(a) may be used for programs and activities under part C of this title. "(c)(1) The Secretary shall not provide financial assistance under this title for any fiscal year to a prime sponsor unless the prime sponsor provides assurances that (consistent with needs identified in the prime sponsor's plan submitted under section 103(a)) it shall make agreements with State or local educational agencies or postsecondary educational institutions for the conduct of employment and training programs, which programs may consist of— "(A) vocational training designed to prepare individuals for employment; "(B) instruction in basic cognitive skills necessary to obtain employment or pursue further education or training designed to prepare individuals for employment; "(C) employment of persons in schools controlled by such agencies or in postsecondary institutions; and ' * j * •ir" "(D) such other employment and training activities as may be consistent with the purposes and provisions of this title. "(2) Each such agreement entered into under this subsection shall describe in detail the employment opportunities and appropriate educational, training, or other services to be provided, and shall contain provisions to assure that funds utilized pursuant to the agreement will not supplant State or local funds expended for the same purpose. "(3) In the event a prime sponsor is unable to reach agreements with the appropriate educational agencies or institutions, or in the event such agencies or institutions are dissatisfied with the utilization of their facilities proposed by the prime sponsor, either may request the Secretary to review such arrangements and the Secretary, after affording an opportunity for a hearing and taking into consideration such factors as he considers relevant, may take such action as he deems appropriate within 90 days after receiving such a request. "SUPPLEMENTAL VOCATIONAL EDUCATION ASSISTANCE

"SEC. 204. (a)(1) From the funds available to him for this section, 29 USC 844. the Secretary shall make grants to Governors to provide financial assistance, through State vocational education boards, to provide needed vocational education services in areas served by prime sponsors, in accordance with an agreement between the State vocational education board and the prime sponsor. "(2) The State vocational education board, prior to making any agreement with a prime sponsor as provided in paragraph (1), shall consult with and obtain the advice and comment of the designated representatives of the State agencies and councils which are required to be involved in the formulation of the five-year State plan for vocational education pursuant to section 107(a)(1) of the Vocational Education Act of 1963. 20 USC 2307. "(b) All of the sums available to carry out this section shall be allocated among the States in the manner provided for allocating funds under section 202(a).

39-194 O—80—pt. 2

43: QL3

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Page:United States Statutes at Large Volume 92 Part 2.djvu/674

 92 STAT. 1954

PUBLIC LAW 9 5 - 5 2 4 — O C T. 27, 1978

" (c)(1) Not less than 85 percent of the funds available under t h i s F4'4 };>•;; section shall be used only for providing vocational education and • *' * services to participants in program s under this Act. " (2) The remainder of the funds available under this section may be ,^, used— • * \ '^ • *' * ^ " " (A) to coordinate programs under this Act with existing voca' tional education program s; " (B) to coordinate the utilization of funds under this Act and 20 USC 2301 the Vocational Education Act of 1963 to enhance economic g r o w t h °***®and development in the State; " (C) to develop linkages between vocational education, education, and t r a i n i n g programs under this Act and private sector employers; " (D) to provide technical assistance to vocational education i institutions and local education agencies to aid them in making cooperative arrangements with appropriate prime sponsors; " (E) to provide information, curriculum materials, and technical assistance in curriculum development and staff developments ^'•^" to prime sponsors. u. PARTICIPANT ASSESSMENT

29 USC 845.

" SEC. 205. (a) I n order to assess the appropriate mixture of t r a i n i n g or employment services, or both, needed by each individual receiving assistance under this title, the prime sponsor shall assist each such individual to establish a personalized employability plan. I n establishing such plan, prime sponsors shall take into consideration an individual's skills, interests, and career objectives, subject to the availability of services, and shall consider the barriers to employment or advancement faced by that individual in order to assist that individual to attain unsubsidized employment. " (b) A n assessment of appropriate t r a i n i n g and supportive services shall be made at the time of entrance to a program assisted in part or in whole by this title, which shall be reviewed periodically throughout the duration of the individual's participation in a program funded tmder this title. Such assessment shall be included in each individual's employability plan. " P A R T B — SERVICES FOR THE ECONOMICALLY

DISADVANTAGED

"DESCRIPTION OF PROGRAM

29 USC 846.

" SEC. 211. Comprehensive employment and t r a i n i n g services may include, but need not be limited to, the following: " (1) job search assistance, including orientation, counseling, and referral to appropriate employment and training opportunities: \ " (2) outreach to make persons aware of the availability of, and I to encourage them to use, employment and t r a i n i n g services; " (3) supported work program s or activities; t " (4) education and institutional skill t r a i n i n g to p r e p a r e persons to enter the labor market, or to qualify for more productive job opportunities and increased e a r n i n g s; -TOiiS 3'SJ '/H " (5) on-the-job t r a i n i n g and t r a i n i n g leading to self-employment in small business; " (6) work experience program s providing employment opportunities for eligible individuals unable to attain employment with

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Page:United States Statutes at Large Volume 92 Part 2.djvu/675

 PUBLIC LAW 95-524—OCT. 27, 1978

92 STAT. 1955

public or private sector employers, which shall be designed to increase the employability of the participants through development of work habits, occupational skills, and linkages with other training programs, or to provide temporary employment to individuals who are seeking suitable placement in classroom training, on-the-job training, public service employment, or other such employment and training opportunities; "(7) payments or other inducements to public or private .SM^i i = H employers to expand job opportunities, in accordance with section 121(1); "(8) services to individuals to enable them to retain employment; -SM'i.,.ion " (9) supportive services, including, but not limited to, necessary health care, child care, residential support, or assistance in securing bonds, and transportation, needed to enable individuals to participate in employment and training; " • "(10) development of labor market information, and activities such as job restructuring, to make the program more responsive to the needs of the eligible population; "(11) training, employment opportunities, and related services conducted by community based organizations; "(12) part-time, flexitime, and other alternative working arrangements for individuals who are unable because of age, handicap, or other factors to work full-time: "(13) payment of allowances to persons in training for which they receive no remuneration, and payment of such allowances for transportation, subsistence, or other expenses incurred in training or employment; and "(14) any programs or activities authorized by part A of title III, title IV, and title VII of this Act. Post, pp. 1974, 2010. LIMITATIONS ON USE OF FUNDS

"SEC. 212. (a) No prime sponsor may use funds allocated for parts 29 USC 847. A, B, and C for public service employment. "(b) Work experience programs conducted under this part, except for in-school youth, shall— "(1) be designed to lead to unsubsidized employment, and " (2) be subject to the limitations on duration specified in section 121 (c)(2) and section 121(i), Ante, p. 1934. unless the prime sponsor's plan as approved by the Secretary establishes that the lack of alternative job opportunities in the area makes such conditions and limitations impractical. "ELIGIBILITY FOR PARTECIPATION

"SEC. 213. A person shall be eligible to participate in a program 29 USC 848. receiving financial assistance under this part only if such person is economically disadvantaged and either unemployed, underemployed, or in school. " SERVICES FOR

YOUTH

^BB J< J

"SEC. 214. (a) Services for youth under this part shall be designed 29 USC 849. to assist eligible participants in overcoming the particular barriers to employment experienced by youth, including lack of basic educational or vocational skills, insufficient preparation for the personal adaptations necessary for labor force participation, inability to find or sue-

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Page:United States Statutes at Large Volume 92 Part 2.djvu/676

 92 STAT. 1956

Post, p. 1982.

Post, p. 1985.

PUBLIC LAW 95-524—OCT. 27, 1978 cessfully apply for employment, financial barriers to labor force participation, and lack of appropriate job opportunities. "(b) The Secretary shall insure that each prime sponsor's plan for serving eligible youth under this part includes— "(1) provisions for coordinating activities under this part with activities under part A of title IV of this Act; "(2) assurances that, to the maximum extent feasible, the activities enumerated in section 432 of this Act, except for public service employment, will be utilized to serve youth under this part; and "(3) procedures for review of such plans by the youth council established under section 436(b) of this Act. u SERVICES FOR OLDER WORKERS

29 USC 850.

"SEC. 215. (a) Services for older workers under this part shall be designed to assist eligible participants in overcoming the particular barriers to employment experienced by older workers, including skills that are obsolete or no longer needed in the community, changing physical characteristics associated with aging, employer reluctance to hire older workers, financial barriers to labor force participation, and lack of appropriate job opportunities. "(b) The Secretary shall insure that each prime sponsor's plan for serving eligible older workers under this part includes provisions for utilizing activities including activities described in section 308 and coordinating services for older workers under this part with programs and services provided by senior centers, area agencies on aging, and State agencies on aging (as designated under the Older Americans Act of 1965).

42 USC 3001 "Ot®-

" SERVICES FOR PUBLIC ASSISTANCE RECIPIENTS

29 USC 851.

"SEC. 216. (a) Services for public assistance recipients under this part shall be designed to assist eligible participants in overcoming the particular barriers to employment experienced by such recipients, including lack of basic educational or vocational skills, insufficient preparation for the personal adaptations necessary for labor force participation, inability to find or successfully apply for employment, inability to obtain transportation to employment opportunities, medical problems, inability to obtain satisfactory child care, and lack of appropriate job opportunities. " (b) The Secretary shall insure that each prime sponsor's plan for serving eligible public assistance recipients under this part includes provisions for coordinating services assisted under this part with other programs assisted under this Act; and with services provided by State and local public assistance agencies.

,V"'

/< -J q

'•

^" ' ^ '

"PART C—UPGRADING AND RETRAINING u OCCUPATIONAL UPGRADING AND RETRAINING

29 USC 852. tvra

"SEC. 221. (a) Pursuant to regulations of the Secretary, prime sponsors may provide financial assistance to public and private employers for the costs associated with occupational upgrading programs, including supportive services, through agreements with public and private employers for the employees of such employers. Individuals eligible for such programs shall be individuals operating at less than their

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Page:United States Statutes at Large Volume 92 Part 2.djvu/677

 PUBLIC LAW 95-524—OCT. 27, 1978

92 STAT. 1957

full skill potential, primarily those in entry level positions or positions with little normal advancement opportunities. I n any program receiving financial assistance under this section— " (1) the positions for which employees are being upgraded shall be positions not regularly available to entry level employees, and for which adequately trained persons are not available; " (2) the selection of employees for u p g r a d i n g shall be based upon potential and the lack of availability for advancement in a normal promotional line; " (3) the education and skill t r a i n i n g content of the u p g r a d i n g program shall provide employees with a reasonable progression resulting in qualifications for a recognized position of greater skill, responsibility, remuneration, or career advancement in the service of that employer; " (4) the training period for u p g r a d i n g shall be reasonable and consistent with periods customarily required for comparable training; " (5) adequate personnel, attendance and progress records shall be maintained; " (6) the program shall be designed, to the extent feasible, so that additional vacancies are created for new entry level employees; ' (7) compensation shall be paid by the employer at rates, including periodic increases, as the Secretary deems reasonable, considering such factors as industry practice, skill requirements, individual proficiency, and the geographical region, but not at rates less than that received before u p g r a d i n g; and " (8) successful completion shall be expected to result in employment with the employer in the occupation for which the employee has been upgraded and at not less than prevailing wages. .: " (b)(1) Pursuant to regulations of the Secretary, prime sponsors Retraining may conduct retraining programs, including supportive services, programs, directly or through agreements with public and private employers or other organizations or agencies. ,. " (2) Entry into retraining programs shall be only for individuals v^n.* who have previously received a bona fide notice of impending layoff, and who are determined, pursuant to regulations of the Secretary, to have little opportunity to be reemployed in the same or equivalent occupation or skill level within the labor market area. " (3) Ketraining program s shall meet such standards as the Secretary shall establish by regulation. " (c) I f u p g r a d i n g or retraining is for or from jobs covered by collective bargaining agreements, agreements with employers to carry out such programs shall have the concurrence of labor organizations representing employees in such jobs. " P A R T D — T R A N S I T I O N A L EMPLOYMENT OPPORTUNITIES FOR THE ECXDNOMICALLY DISADVANTAGED

((STATEMENT

OF PURPOSE

" SEC. 231. I t is the purpose of this part to provide economically 29 USC 853. disadvantaged persons who are unemployed with transitional employment in jobs providing needed public services, and related t r a i n i n g and services to enable such persons to move into employment or training not supported under this Act.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/678

 92 STAT. 1958

PUBLIC LAW 95-524—OCT. 27, 1978 uF I N A N C I A L A S S I S T A N C E

29 USC 854.

" Supra.

"Excess^ number."

.-^ i i. <

ii,.*

"SEC, 232. (a) The Secretary shall provide financial assistance to prime sponsors for transitional public service employment for economically disadvantaged persons who are unemployed. Such employment— n " (1) shall be entry level; "(2) shall be combined with training and supportive services if such training and services are reasonably available in the area; and "(3) shall be designed to enable participants to move into unsubsidized employment. "(b)(1) Not more than 10 percent of the funds allocated to a prime sponsor in accordance with the provisions of this part may be used for administrative and other allowable costs (such as supplies, materials, and equipment) incurred by the prime sponsor, program agents, project applicants, or subgrantees or contractors, in accordance with such regulations as the Secretary may prescribe. "(2) Not less than— ^ "(A) 10 percent of the funds so allocated for fiscal year 1979 "(B) 15 percent of the funds so allocated for fiscal year 1980 "(C) 20 percent of the funds so allocated for fiscal year 1981 "(D) 22 percent of the funds so allocated for fiscal year 1982 shall be used only for training. "(3) The remainder of the funds so allocated may be expended only for wages, employment benefits, training, and supportive services, to persons employed in public service employment under this part. uA L L O C A T I O N
 * y,.

29 USC 855.

».

OF

FUNDS

 * Si ^

" S E C 233. (a) Funds made available for carrying out this part shall be allocated among prime sponsors by the Secretary in accordance with subsection (b). "(b) The Secretary shall reserve an amount equal to not less than 2 percent of the amounts made available pursuant to section 232 for any fiscal year to enable Native American entities which are described in section 302(c)(1)^A) to carry out public service employment programs under this part. Eighty-five percent of the amounts made available for this part for any fiscal year shall be allocated in accordance with subsection (c). " (c)(1) Twenty-five percent of the amount allocated under this subsection shall be allocated among prime sponsors in proportion to the relative number of unemployed persons who reside in areas within the jurisdiction of each such prime sponsor as compared to the number of unemployed persons who reside in all such areas in all the States. "(2) Twenty-five percent of the amount allocated under this subsection shall be allocated among prime sponsors on the basis of the relative excess number of unemployed persons who reside within the jurisdiction of the prime sponsor as compared to the total excess number of unemployed persons who reside within the jurisdiction of all prime sponsors. For purposes of this subparagraph, the term 'excess number' means (i) the number which represent unemployed persons in excess of 41^ percent of the labor force in the jurisdiction of the prime sponsor in whose jurisdiction such persons reside, or (ii) in the case of a prime sponsor which is a State, the term 'excess number' means such number as defined in clause (i) or the number which represents unemployed persons in excess of 4^/^ percent of the labor force in areas of substantial unemployment.

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 202 three boys went on their way much relieved, wondering how the little ferryman was going to outwit and punish the great grizzly-woman. Earlier in the day, before the boys arrived, on learning from the talking-bird what a wicked woman the grizzly was, and that she was pursuing the boys and would desire to cross the river in his boat, he went to his food-cellar, and taking all his store of food, he carried it to the river's bank. Calling all the fish in the river to him, he threw them the food, promising to give them a daily supply ever after, if they would help him that day. They consented to do so, and asked what he wished them to do. He told them that later in the day he would have to ferry the grizzly-woman across, and that he would make her sit in a hole, which he would make for the purpose in the bottom of his canoe, and that as she sat there they were to all come and bite a piece out of her, the little trout first, and then the bigger ones, and then the salmon trout, and then the salmon themselves, and last of all the big sturgeon. They readily promised to do as he wished, the more so as the grizzly's carcase was to be theirs afterwards. The boys had barely landed when the grizzly appeared on the opposite bank, and shouted for the ferryman to come and put her over. He was busily engaged in making the hole in his boat's bottom, and cried out that he could not come over for a little while as he had to mend a hole in his boat that one of the boys he had just landed had made as he was jumping out of it. "Oh! never mind the hole," shouted the impatient grizzly; "I am in a great hurry to cross, I cannot wait." "But I could never bring you over with my boat in this condition," answered Ground-hog, as he knocked the last piece out of the hole; "I must really mend it first." "I cannot be delayed in this manner," called out the grizzly; "my business will not admit of delay. Come across at once; I will risk the passage." The Ground-hog, having made the hole, no longer had any reason for delay; so after making the grizzly promise to do exactly what he told her, he sat in the far end of his canoe so that the fore part which had the hole in it rose completely out of the water, and enabled him to cross without letting the water in. When he reached the other side he pointed out the big hole in the bottom to the grizzly, telling her that it was very risky to attempt the passage with the boat in such a condition, and that the only possible way to cross would be for her to sit down in the hole, and thus prevent the water


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Page:United States Statutes at Large Volume 92 Part 2.djvu/679

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92 STAT. 1959

"(3) Twenty-five percent of the amount allocated under this subsection shall be allocated among prime sponsors in accordance with the number of unemployed persons residing in areas of substantial unemployment within the jurisdiction of the prime sponsor compared to the number of unemployed persons residing in all areas of substantial unemployment. "(4) Twenty-five percent of the amount allocated under this subsection shall be allocated on the basis of the relative number of adults in families with an annual income below the low-income level within the jurisdiction of the prime sponsor compared to such total numbers in ail such jurisdictions. " (d)(1) The Secretary shall, from the remainder of the funds made Remainder oF i available under this part, first use such remainder— funds. " (A) to provide continued support for concentrated employment program grantees serving rural areas having higji levels of unemployment, and v "(B) to allocate among the prime sponsors serving areas within ^'' those standard metropolitan statistical areas and central cities for which current population surveys were used to determine annual unemployment data prior to January 1, 1978, in proportion to the extent to which such prime sponsors allocations under this section and title IV are reduced as a result of termination of the use of such surveys, but in no event shall such a prime sponsor receive an amount in excess of the amount of such reduction. The allocations required under clause (B) of this subparagraph shall not be made for any fiscal year beginning on or after October 1, 1980, or until such time as the Secretary determines that current population survey data is available for use on a satisfactory basis for such areas and the remaining area of each State, whichever occurs first. "(2) The remainder of the amount made available under this part shall be available to the Secretary for financial assistance to prime sponsors and Native American entities described in section 302(c)(1) (A) as the Secretary deems appropriate. "(e) For purposes of making allocations under subsections (c)(1) and (c)(2) of this section, the Secretary shall use average annual data for the most recent 12-month period for which satisfactory data are available. "EXPENDITURE or FUNDS

"SEC. 234. Funds available for the purposes of this part shall be 29 USC 856. utilized by prime sponsors for public service employment activities, or projects carried out by project applicants as defined in section 3, Ante, p. 1912. or for activities set forth in section 211. "PRIME SPONSORS AND PROGRAM AGENTS

"SEC. 235. The provisions set forth in section 606 of this Act shall be 29 USC 857. applicable to this part. ^ost, p. 2008. "ELIGIBILITY

"SEC. 236. (a) An individual eligible to be employed in a position supported under this part shall be a person (1) who has been unemployed for at least 15 weeks and who is economically disadvantaged, or (2) who is, or whose family is receiving aid to families with dependent children provided under a State plan approved under part A of title IV of the Social Security Act, or who is receiving supplemental security income benefits under title X VI of the Social Security Act. "(b) The provisions of section 122(h) shall apply to duration of participation under this part.

29 USC 858.

42 USC 601. 42 USC 138]. Ante, p. 1938.

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PUBLIC LAW 95-524—OCT. 27, 1978 a WAGES

29 USC 859. Ante, pp. 1938, 1943.

" SEC. 237. (a) Wages to individuals employed in public service employment under this part shall be paid in accordance with sections 122 (i) and 124. " (b) Public service employment participants under this part may not have their wages supplemented by the payment of any additional wages for such employment from any source whatever, except as provided in section 122(i)(4)(B). "TITLE III—SPECIAL FEDERAL

RESPONSIBILITIES

" P A R T A—SrECiAL NATIONAI. PROGRAMS AND ACTIVITIES "SPECIAL PROGRAMS AND ACTIVITIES

29 USC 871.

Financial assistance for displaced homemakers.

" SEC. 301. (a) The Secretary shall use funds available under this title to provide services authorized under all titles of this Act and for employment and t r a i n i n g programs that— " (1) meet the employment-related needs of persons who face particular disadvantages in specific and general labor markets or occupations, including offenders, persons of limited English language proficiency, handicapped individuals, women, single parents, displaced homemakers, youth, older workers, individuals who lack educational credentials, public assistance recipients, and other peisons whom the Secretary determines require special assistance; " (2) are most appropriately administered from the national level, such as programs sponsored by public agencies or private organizations that conduct federally assisted activities in more than one State; " (3) foster new or improved linkages between Federal, State, and local employment and t r a i n i n g agencies and components of the private sector, such as the business community, organized labor, and community based organizations; " (4) provide continued support for programs of demonstrated effectiveness; " (5) eliminate or reduce critical skill shortages in the Nation's labor force; and " (6) serve individuals who become unemployed as a result of large-scale loss of jobs in a locality, caused by the closing of a facility, mass layoffs, n a t u r a l disasters, or similar circumstances; " (b)(1)(A) The Secretary shall make available financial assistance to conduct programs to provide employment opportunities and appropriate t r a i n i n g and supportive services (through multipurpose projects or otherwise) to displaced homemakers. Such t r a i n i n g and supportive services shall include, but not be limited to, job training, job readiness services, job counseling, job search, and job placement services; outreach and information services, including information on available education opportunities; and referrals (through cooperative arrangements, to the maximum extent feasible) to health, financial management, legal, public assistance, and other appropriate supportive services in the community being served. To the maximum extent feasible, activities supported under this paragraph shall be coordinated with and supplement, b u t not supplant, activities supported under other titles of this Act and shall emphasize t r a i n i n g and other employment related services for participants that are designed to

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enhance their employability and earnings. Programs shall concentrate on creating new jobs in the private sector for displaced homemakers in order to meet identified needs within the community. To the maximmn extent feasible, supervisory, technical, and administrative positions within the programs shall be filled by displaced homemakers. Priority for participation in projects supported under this paragraph shall be given to displaced homemakers who, as provided in regulations which the Secretary shall prescribe, are most in need of services by virtue of age, education, training, household support obligations, and employability. "(B) No funds available under this section shall be used for the purchase, construction, or major rehabilitation of facilities. "(C) For the piirposes of carrying out this subsection, the Secretary shall reserve not more than 2 percent of the funds made available to carry out this title. "(2) The Secretary shall make financial assistance available to Financial conduct a program for offenders to provide employment, training and assistance related assistance and supportive services (including basic education, offenders. drug addiction or dependency rehabilitation and health care) which will enable them to secure and retain meaningful employment. The Secretary shall support activities designed to enable offenders to secure meaningful training and employment including but not limited to those services which provide highly structured and supervised employment opportunities, such as employment and training opportunities proven effective under section 311(c). Emphasis shall be placed upon serving offenders in contact with the criminal justice system or recently released from criminal justice custody or supervision. Services shall be comprehensive, and recipient of funds shall coordinate their activities with other providers of employment and training assistance. Grants may also be provided to the States or prime sponsors for the Grants. establishment of units for planning and evaluation of correctional employment and training assistance to offenders. The Secretary may provide for appropriate arrangements with employers and labor organizations, and appropriate parole, probationary, and judicial authorities, for the utilization of training equipment comparable to that currently used for the job for which training is furnished. To support Studies, such programs the Secretary shall develop information concerning the special needs of offenders for such services, including special studies regarding the incidence of unemployment among offenders and the means of increasing employment opportunity for offenders. As Survey, part of the reporting requirements under section 127(a), the Secretary shall also conduct an annual survey of prime sponsors and States receiving, assistance under this Act for the purpose of assessing the scope and implementation of offender programs. "(3) With respect to programs for persons of limited Englishspeaking ability under this Act, the Secretary shall establish appropriate procedures to ensure that participants are provided with employment and training and related assistance and supportive services (where feasible, at times designed to meet the needs of individuals unable to attend during normal working hours) designed to increase the employment and training opportunities for unemployed and underemployed persons of limited English-speaking ability, including (A) the teaching of occupational skills in the primary language of such persons for occupations which do not require a high proficiency in English, and (B) developing new employment opportunities for limited English-speaking persons and opportunities for promotion within existing employment situations for such persons, including

for

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 92 STAT. 1962

Report to Congress.

Allocation of funds.

42 USC 3246. Ante, p. 1909.

PUBLIC LAW 95-524—OCT. 27, 1978 programs for the dissemination of appropriate information, and job placement, and counseling assistance, and the conduct of t r a i n i n g and employment programs, in the p r i m a r y language of such persons, as well as programs designed to increase the English-speaking ability of such persons. " (4) The Secretary shall make financial assistance available to conduct programs for handicapped individuals, youth, single parents, and older workers to provide employment, t r a i n i n g and related assistance and supportive services which will enable them to secure and retain meaningful employment. Such programs shall be designed to assist in eliminating artificial and other employment barriers faced by such persons. " (c) The Secretary shall report to the Congress not later than March 1 of each year with detailed information and analysis of the programs conducted pursuant to this section. The information required by this subsection may be included in the annual report of the Secretary under section 1 2 7 (a). " (d) Funds allocated to recipients for purposes of this section shall be used to supplement funds which otherwise would be used for purposes of undertaking the same or similar programs and activities for such persons. " (e) To the extent appropriate, programs financed under this part shall be coordinated with programs conducted by prime sponsors under this Act, and the Secretary shall notify such prime sponsors of the funding of an employment and t r a i n i n g program under this part. " (f) Not w i t h s t and m g any other provisions of this Act, eligibility requirements for programs for workers age fifty-five and older, which were established under title X of the Public W o r k s and Economic Development Act of 1965, and which thereafter have been funded under section 304 of this Act prior to the enactment of the Comprehensive Employment and T r a i n i n g Act Amendments of 1978, shall be those which applied when the programs were established under title X. " (g) The Secretary shall establish a special program for the funding of local workshops for the t r a i n i n g of youths and other individuals who wish to pursue careers as self-employed owners and managers of small businesses. Such workshops should provide instruction in management techniques, business communication skills, motivational training, special problems in business operation, advice concerning Federal and State regulations, preparation of financial statements and loan applications, recordkeeping, development of marketing techniques, and information on beneficial resources available within the community. "NATIVE AMERICAN EMPLOYMENT AND TRAINING PROGRAMS

29 USC 872.

" SEC. 302. (a) The Congress finds that (1) serious unemployment and economic disadvantage exist among members of Native American Indian, Alaskan Native, and H a w a i i a n native communities; (2) there is a compelling need for the establishment of comprehensive t r a i n i n g and employment programs for members of those communities; and (3) such programs are essential to the reduction of economic disadvantage among individual members of those communities and to the advancement of economic and social development in these communities consistent with their goals and lifestyles. " (b) The Congress therefore declares that, because of the special relationship between the Federal Government and most of those to be

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served by the provisions of this section, (1) such programs can best be administered at the national level; (2) such programs shall be available to federally recognized Native American Indian tribes, bands, and groups and to other groups and individuals of Native American descent such as, but not limited to, the Lummis in Washington, the Menominees in Wisconsin, the Klamaths in Oregon, the Oklahoma Indians, the Passamaquoddys and Penobscots in Maine, and Eskimos and Aleuts in Alaska, and Hawaiian natives; and (3) such programs shall be administered in such a manner as to maximize the Federal commitment to support growth and development as determined by representatives of the communities and groups served by this section. "(c)(1)(A) In carrying out responsibilities under this section, the Secretary shall, wherever possible, utilize Native American Indian tribes, bands, or groups on Federal or State reservations (including Alaska Native villages or groups as defined in the Alaska Native Claims Settlement Act of December 18, 1971) and the Oklahoma 43 USC 1601 Indians, having a governing body and such public agencies and private note. nonprofit organizations as the Secretary determines will best serve Native Americans, for the provision of employment and training services under this section. When the Secretary determines that such Submission of tribe, band, or group has demonstrated the capability to effectively plan. administer a comprehensive employment and training program., the Secretary shall require such tribe, band, or group to submit a comprehensive plan meeting such requirements as the Secretary prescribes. "(B) The Secretary shall arrange for programs to meet the employ- Hawaiian nativ<;s. ment and training needs of Hawaiian natives through such public agencies or private nonprofit organizations as the Secretary determines will best meet their needs. "(2) In carrying out responsibilities under this section, the Secretary shall make arrangements with prime sponsors and organizations (meeting requirements prescribed by the Secretary) serving nonreservation Native Americans for programs and projects designed to meet the needs of such Indians for employment and training and related services. "(d) Whenever the Secretary determines not to utilize Native American Indian tribes, bands, or groups for the provision of employment and training services under this section, the Secretary shall, to the maximum extent feasible, enter into arrangements for the provision of such services with public agencies or private nonprofit organizations which meet with the approval of the tribes, bands, or groups to be served. " (e) The Secretary is directed to take appropriate action to establish administrative procedures and machinery (including personnel having particular competence in this field) for the administration of Native American employment and training programs authorized under this Act. " (f) Funds available for this section shall be expended for programs and activities consistent with the purposes of this section including but not limited to such programs and activities carried out by prime sponsors under other provisions of this Act. "(g) For the purpose of carrying out this section, the Secretary Allocation of shall reserve from funds available for this title an amount equal to funds. not less than 4.5 percent of the amount allocated pursuant to section 202(a). " (h) No provision of this section shall abrogate in any way the trust responsibilities of the Federal Government to Native American bands, tribes, or groups.

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