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Page:United States Statutes at Large Volume 92 Part 2.djvu/629

 PUBLIC LAW 95-524—OCT. 27, 1978

Public Law 95-524 95th Congress

92 STAT. 1909

T •-'• An Act

-..-...:•„,... *.

To amend the Comprehensive Employment and Training Act of 1973 to provide improved employment and training services, to extend the authorization, and for other purposes.

Oct. 27, 1978 [S. 2570]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Comprehensive be cited as the "Comprehensive Employment and Training Act Employment and Amendments of 1978". Traming Act Amendments or COMPREHENSIVE EMPLOYMENT AND TRAINING ACT REAUTHORIZATION

1 Q7ft o« T? ^ / - O / M

29 USC 801 note.

SEC. 2. The Comprehensive Employment and Training Act of 1973 is amended to read as follows: u SHORT TITLE

i

1. This Act, with the following table of contents, may 29 USC 801 note, be cited as the 'Comprehensive Employment and Training Act'. "SECTION

"TABLE OF CONTENTS "Sec. 1. Short title. "Sec. 2. Statement of purpose. "Sec. 3. Definitions.

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"TITLE I—ADMINISTRATIVE PROVISIONS " P A E T A—ORGANIZATIONAL PROVISIONS

"Sec. "Sec. "Sec. "Sec. "Sec. "See. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

101. Prime sponsors. 102. Authority of Secretary to provide services. 103. Comprehensive employment and training plan. 104. Review of plans. 105. Governor's coordination and special services plan. 106. Complaints and sanctions. 107. Judicial review. 108. Reallocation. 109. Prime sponsor's planning council. 110. State employment and training council. 111. Consultation. 112. Authorization of appropriations. "PAET B—GENERAL PROVISIONS

"Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

121. 122. 123. 124. 125. 126. 127. 128. 129. 130. 131. 132. 133. 134. 135.

Conditions applicable to all programs. Special conditions applicable to public service employment. Special provisions. Wages and allowances. Labor standards. Secretary's authority and performance standards. Reports. Services and property. Utilization of services and facilities. Interstate agreements. Prohibition against political activities. Nondiscrimination. Records, audits, and investigations. Bonding. OflSce of Management Assistance.

.'

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Page:United States Statutes at Large Volume 92 Part 2.djvu/630

 92 STAT. 1910

PUBLIC LAW 95-524—OCT. 27, 1978 "TITLE II—COMPREHENSIVE EMPLOYMENT AND TRAINING SERVICES "PART A—FINANCIAL ASSISTANCE PROVISIONS

' -t

I. "

"Sec. "Sec. "Sec. "Sec. "Sec.

201. 202. 203. 204. 205.

Purpose of program. ' -Allocation of funds. Conditions for receipt of financial assistance. Supplemental vocational education assistance. Participant assessment.

"PART B—SERVICES FOR THE ECONOMICALLY DISADVANTAGED

u •

.

"Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

211. 212. 213. 214. 215. 216.

Description of program. Limitations on use of funds. , ,. Eligibility for participation. Services for youth. Services for older workers. Services for public assistance recipients.

t

"PART C—UPGRADING AND RETRAINING

"Sec. 221. Occupational upgrading and retraining. "PART D—TRANSITIONAL EMPLOYMENT OPPORTUNITIES FOR THE ECONOMICALLY DISADVANTAGED

l<}t

"Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

231. 232. 233. 234. 235. 236. 237.

Statement of purpose. 0!q>i' ! Financial assistance. Allocation of funds. ,•> i, > i Expenditure of funds. Prime sponsors and program agents. Eligibility. Wages.

.;; t ';

•

"TITLE III—SPECIAL FEDERAL RESPONSIBILITIES "PART A—SPECIAL NATIONAL PROGRAMS AND ACTIVITIES

"Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

301. 302. 303. 304. 305. 306. 307. 308.

Special programs and activities. Native American employment and training programs. Migrant and seasonal farmworker employment and training programs. Job search and relocation assistance. Veterans information and outreach. Programs for the handicapped. Partnership programs. Projects for middle-aged and older workers. "PART B—RESEARCH, TRAINING, AND EVALUATION

"Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

311. 312. 313. 314. 315. 316. 317. 318.

Research. Labor market information and job bank program. Evaluation. Training and technical assistance. National Occupational Information Coordinating Committee. Evaluations and incentive grants. Voucher demonstration projects. Employment and training activities to stimulate local private economic development. "TITLE IV—YOUTH PROGRAMS

"Sec. 401. Statement of purpose. "Sec. 402. Definitions.

,

,/

"PART A—YOUTH EMPLOYMENT DEMONSTRATION PROGRAMS

"Sec. 411. Statement of purpose.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/631

 PUBLIC LAW 95-524^0CT. 27, 1978

92 STAT. 1911

"Subpart 1—Youth Incentive Entitlement Pilot Projects "Sec. "Sec. "Sec. "Sec. "Sec.

416. 417. 418. 419. 420.

Entitlement pilot projects authorized. Employment guarantees. Selecting prime sponsors. Special provisions. Reports.

"Subpart 2—Youth Community Conservation and Improvement Projects "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

421. 422. 423. 424. 425. 426. 427. 428.

Statement of purpose. Definitions. .^,„^,.:, ^, .. , Allocation of funds. - !».. Community conservation and improvement youth employment projects. Project applications. Proposed agreements. ' Approval of agreements. .., Work limitation. "Subparts—Youth Employment and Training Programs

"Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

431. 432. 433. 434. 435. 436. 437. 438. 439.

Statement of purpose. Programs authorized. Allocation of funds. Eligible applicants. •" Eligible participants. Conditions for receipt of financial assistance. Review of plans by Secretary. Secretary's discretionary projects. Youth employment incentive and social bonus program.

'

'

"Subpart 4—General Provisions "Sec. "Sec. "Sec. "Sec. "Sec.

441. 442. 443. 444. 445.

Distribution of funds, ' t ' ' J H^/. v*'•!'>''' ili / rv Wage provisions. Special conditions. Special provisions for subparts 2 and 3. Academic credit, education credit, counseling and placement services, and basic skills development, "Sec. 446. Disregarding earnings. "Sec. 447. Relation to other provisions. "PART B — J O B CORPS

"Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

450. 451. 452. 453. 454. 455. 456. 457. 458. 459. 460. 461. 462. 463. 464. 465. 466. 467. 468.

Statement of purpose. Establishment of the Job Corps. Individuals eligible for the Job Corps. Screening and selection of applicants: general provisions. Screening and selection: special limitations. Enrollment and assignment. Job Corps Centers. Program activities. Allowances and support. Standards of conduct. Community participation. Counseling and job placement. Experimental and developmental projects. Advisory boards and committees. Participation of the States. Application of provisions of Federal law. Special provisions. General provisions. Utilization of funds. "PART C — S U M M E R YOUTH PBOGRAM

"Sec. "Sec. "Sec. "Sec.

481. 482. 483. 484.

Establishment of program. Prime sponsors. Financial assistance Secretarial authority.

.,

.. '

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Page:United States Statutes at Large Volume 92 Part 2.djvu/632

 92 STAT. 1912

PUBLIC LAW 95-524—OCT. 27, 1978 "TITLE V—NATIONAL COMMISSION FOR EMPLOYMENT POLICY "Sec. "Sec. "Sec. "Sec. "Sec.

501. 502. 503. 504. 505.

Statement of purpose. Commission established. Functions of the Commission. Administrative provisions. Reports.

"TITLE VI—COUNTERCYCLICAL PUBLIC SERVICE EMPLOYMENT PROGRAM "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

601. 602. 603. 604. 605. 606. 607. 608. 609. 610.

Statement of purpose. Report on appropriations. Financial assistance. ' ' Allocation of funds. Expenditure of funds. Prime sponsors and program agents. Eligibility. Wages. ,., ^ Wage supplementation. Utilization of funds.

, ^ '"'''

"TITLE VII—PRIVATE SECTOR OPPORTUNITIES FOR THE ECONOMICALLY DISADVANTAGED "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

701. 702. 703. 704. 705. 706.

Statement of purpose. Financial assistance. Conditions for receipt of financial assistance. Private industry councils. Program activities. Report. , "TITLE VIII—YOUNG ADULT CONSERVATION CORPS

"Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

801. 802. 803. 804. 805. 806. 807. 808. 809.

Statement of purpose. Establishment of Young Adult Conservation Corps. Selection of enrollees. Activities of the Corps. Conditions applicable to Corps enrollees. State and local programs. ' Secretarial reports. Antidiscrimination. ,, Transfer of funds.

"STATEMENT OF PURPOSE

29 USC 801.

"SEC. 2. It is the purpose of this Act to provide job training and employment opportunities for economically disadvantaged, unemployed, or underemployed persons which will result in an increase in their earned income, and to assure that training and other services lead to maximum employment opportunities and enhance self-sufficiency by establishing a flexible, coordinated, and decentralized system of Federal, State, and local programs. It is further the purpose of this Act to provide for the maximum feasible coordination of plans, programs, and activities under this Act with economic development, community development, and related activities, such as vocational education, vocational rehabilitation, public assistance, self-employment training, and social service programs. .;,

29 USC 802.

"DEFINITIONS

"SEC. 3. As used in this Act— "(1) The term 'academic credit' means credit for education, training, or work experience applicable toward a secondary school

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Page:United States Statutes at Large Volume 92 Part 2.djvu/633

 PUBLIC LAW 95-524—OCT. 27, 1978

92 STAT., 1913

diploma, a postsecondary degree, or an accredited certificate of completion, consistent with applicable State law, regulation, and policy and the requirements of an accredited educational agency or institution in a State. "(2)(A) Except as provided in subparagraph (B), the term 'area of substantial unemployment' means any area of sufficient size and scope to sustain a public service employment program and which has an average rate of unemployment of at least 6.5 percent for the most recent 12 months as determined by the Secretary. "(B) With respect to determinations made for fiscal year 1979, and for parts A, B, and C of title II for any fiscal year, such Post, pp. 1950, term means any area of sufficient size and scope to sustain such 1954, 1956. a program and which has an average rate of unemployment of at least 6.5 percent for any 3 consecutive months within the most recent 12-month period as determined by the Secretary. "(C) Determinations of areas of substantial unemployment shall be made once each fiscal year. i; * • v '• i "(3) The term 'artificial barriers to employment' means limitations in the hiring, firing, promotion, licensing, and other terms and conditions of employment which are not directly related to an individual's fitness or ability to perform the duties required by the employment position. "(4) The term 'community-based organizations' means private nonprofit organizations which are representative of communities or significant segments of communities and which provide employment and training services (for example. Opportunities Industrialization Centers, the National Urban League, SER-Jobs for Progress, United Way of America, Mainstream, the National Puerto Rican Forum, neighborhood groups and organizations, community action agencies, community development corporations, vocational rehabilitation organizations, rehabilitation facilities (as defined in section 7(10) of the Rehabilitation Act of 1973), agencies serving youth, union-related organizations, and 29 USC 706. employer-related nonprofit organizations). "(5) The term 'Consumer Price Index' means the 'All Urban Consumer Index' as determined by the Secretary of Labor. "(6) The term 'disabled veteran' means those veterans described in section 2011(1) of title 38, United States Code. "(7) The term 'displaced homemaker' means an individual who— "(A) has not worked in the labor force for a substantial number of years but has, during those years, worked in the home providing unpaid services for family members; ^ i,. s,•• "(B)(i) has been dependent on public assistance or on the income of another family member but is no longer supported by that income, or (ii) is receiving public assistance on .{ - ,. account of dependent children in the home; and "(C) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment. "(8) The term 'economically disadvantaged' means a person who (A) receives, or is a member of a family which (i) receives cash welfare payments under a Federal, State, or local welfare program, or (ii) had a family income during the 6-month period

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Page:United States Statutes at Large Volume 92 Part 2.djvu/634

 92 STAT. 1914

•.:

'

PUBLIC LAW 95-524—OCT. 27, 1978

,;

'' 42 USC 3041. ' ' 26 USC 151. '

' •'

prior to application for the program involved which would have qualified such family for such cash welfare payments, subject to regulations of the Secretary; (B) has, or is a member of a family which has, received a total family income for the 6-month period prior to application for the program involved (exclusive of unemployment compensation and welfare payments) which, in relation to family size, was not in excess of the higher of (i) the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget, or (ii) 70 percent of the lower living standard income level; (C) is a foster child on behalf of whom State or local government payments are made; or (D) in cases permitted by regulations of the Secretary, is a handicapped individual living at home or is an individual who is institutionalized or receiving services in, or is a client of, a sheltered workshop, prison, hospital, or similar institution or in community care. Except for any person who would be eligible for assistance under title V of the Older Americans Act of 1965 or a handicapped individual who is sixteen years of age or older, any person claimed as a dependent on another person's Federal income tax return under section 151(e) of the Internal Revenue Code of 1954 for the previous year shall be presumed, unless otherwise demonstrated, to be part of the person's family for the current year. "(9) The term 'entry level' means the lowest position in any promotional line, as defined locally by collective-bargaining agreements, past practice, or applicable personnel rules. "(10) The term 'Governor' means the chief executive of any

• ' State.

'•

'. '' 20 USC 1141. 20 USC 2461. •

"(11) The term 'handicapped individual' means any individual who has a physical or mental disability which for such individual constitutes or results in a substantial handicap to employment. "(12) The term 'Hawaiian native' means any individual any of whose ancestors were natives, prior to 1778, of the area which now consists of the Hawaiian Islands. "(13) The term 'health care' includes preventive and clinical medical treatment, family planning services, nutrition services, and appropriate psychiatric, psychological, and prosthetic services, to the extent any such treatment or services are necessary to enable the recipient of employment and training services to obtain or retain employment. "(14) The terms 'institutions of higher education' and 'postsecondary institutions' mean those institutions defined as institutions of higher education in section 1201(a) of the Higher Education Act of 1965. "(15)(A) Except as provided in subparagraph (B), the term 'local educational agencies' means agencies as defined in section 195 (10) of the Vocational Education Act of 1963. "(B) For purposes of subpart 3 of part A of title IV, such term means agencies as defined in section 1001(f) of the Elementary and Secondary Education Act of 1965, as amended by the Education Amendments of 1978. "(16) The term 'low-income level' means $7,000 with respect to income in 1969, and for any later year means that amount which bears the same relationship to $7,000 as the Consumer Price

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Page:United States Statutes at Large Volume 92 Part 2.djvu/635

 PUBLIC LAW 95-524—OCT. 27, 1978

92 STAT. 1915

Index for that year bears to the Consumer Price Index for 1969, rounded to the nearest $1,000. "(17) The term 'lower living standard income level' means that income level (adjusted for regional, metropolitan, urban, and rural differences and family size) determined annually by the Secretary based upon the most recent 'lower living family budget' issued by the Secretary. "(18) The term 'offender' means any adult or juvenile who is or has been subject to any stage of the criminal justice process for whom employment and training services may be beneficial or who requires assistance in overcoming artificial barriers to employment resulting from a record of arrest or conviction. " (19) The term 'project' means, for the purpose of titles 11 and VI, a definable task or group of related tasks which will be com- Post, pp. 1950, pleted within a definable period of time, has a public service objec- 2003. tive, will result in a specific product or accomplishment, and would otherwise not be done with existing funds. "(20) The term 'project applicants' includes States and agencies thereof, units of general local government and agencies thereof or combinations or associations of such governmental units when the primary purpose of such combinations or associations is to assist such governmental units to provide public services, special purpose political subdivisions having the power to levy taxes and spend funds or serving such special purpose within an area served by one or more units of general local government, local educational agencies, institutions of higher education, community-based organizations, community development corporations, nonprofit groups and organizations serving Native Americans, and other private nonprofit organizations or institutions engaged in public service. "(21) The term 'public assistance' means Federal, State, or local government cash payments for which eligibility is determined by a need or income test. "(22) The term 'public service' includes work, including parttime work, in such fields as environmental quality, health care, education, child care, public safety, crime prevention and control, prisoner rehabilitation, transportation, recreation, maintenance of parks, streets, and other public facilities, solid waste removal, pollution control, housing and neighborhood improvements, rural development, conservation, beautification, veterans outreach, and other fields of human betterment and community improvement. "(23) The term 'recipient' means any person, organization, unit of government, corporation, or other entity receiving financial assistance under this Act whether directly from the Secretary, or through another recipient by subgrant, contract, subcontract, agreement, or otherwise. "(24) The term 'Secretary' means the Secretary of Labor. "(25) The term 'State' includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, American Samoa, and the Trust Territory of the Pacific Islands. "(26) The term 'supportive services' means services which are designed to contribute to the employability of participants, enhance their employment opportunities, assist them in retaining employment, and facilitate their movement into permanent

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Page:United States Statutes at Large Volume 92 Part 2.djvu/636

 92 STAT. 1916

PUBLIC LAW 95-524—OCT. 27, 1978

employment not subsidized under the Act. Supportive services may include health care, transportation, temporary shelter, child care, and financial counseling and assistance. "(27) The term 'underemployed persons' means— "(A) persons who are working part time but seeking fulltime work; or "(B) persons who are working full time but receiving r wages not in excess of the higher of either (i) the poverty level determined in accordance with criteria as established by the Director of the Office of Management and Budget; /> or (ii) 70 percent of the lower living standard income level. "(28) The term 'unemployed persons' means— M "(A) persons who are without jobs and who want and are -v« \ available for work; or '"• •''•' "(B) except for purposes of allocation formulas— "(i) in cases permitted by regulations of the Secretary, persons who are institutionalized in, or who have been released from a prison, hospital, or similar institution, or are clients of a sheltered workshop; or "(ii) adults who receive, or whose families receive, supplemental security income or money payments pursuant to a State plan approved under title I, IV, X, or 42 USC 301, > X VI of the Social Security Act or would, as defined 601, 1201, 1381. in regulations to be issued by the Secretary, be eligible for such payments but for the fact that both parents are present in the home (I) who are determined by the Secretary of Labor, in consultation with the Secretary ,. of Health, Education, and Welfare, to be available for ^. work and (II) who are either persons without jobs, or persons working in jobs providing insufficient income to support their families without welfare assistance. The determination of whether persons are without jobs shall be made in accordance with the criteria used by the Bureau of Labor .. Statistics of the Department of Labor in denning persons as unemployed, but such criteria shall not be applied differently on account of a person's previous employment. "(29) The term 'unit of general local government' means any city, municipality, county, town, township, parish, village, or other general purpose political subdivision which has the power to levy taxes and spend funds, as well as general corporate and police powers. "(30) The term 'veterans outreach' means the veterans outreach services program carried out under subchapter IV of chapter 3 of title 38, United States Code, with full utilization of veterans receiving educational assistance or vocational rehabilitation under 38 USC 1501 et chapter 31 or 34 of such title 38, and the services described in seq., 1651 et seq. section 305 of this Act. Post, p. 1965. "(31) The term 'Vietnam-era veterans' means those veterans defined in section 2011(2)(A) of title 38, United States Code, who are under 35 years of age.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/637

 PUBLIC LAW 95-524—OCT. 27, 1978

92 STAT. 1917

" TITLE I—ADMINISTRATIVE PROVISIONS ^ "PART A—ORGANIZATIONAL PROVISIONS u. PRIME SPONSORS

"SEC. 101. (a) A prime sponsor under this Act shall be—

29 USC 811.

"(IJ a State; " (2) a unit of general local government which has a population of 100,000 or more persons on the basis of the most satisfactory current data available to the Secretary; " (3) any consortium of units of general local government which i includes any unit of general local government qualifying under paragraph (2); ( " (4) any unit of general local government or any consortium of such units, without regard to population, which, in exceptional £ circumstances, and after consultation with appropriate State and local officials, is determined by the Secretary— " (A)(i) to serve a substantial portion of a functioning labor market area, or (ii) to be a rural area having a high level of unemployment; and "(B) to have demonstrated (i) that it has the capability for '> ' adequately carrying out programs under this Act, (ii) that there is a special need for services within the area to be served, and (iii) that it will carry out such programs and services in such area as effectively as any larger unit of general local government in the jurisdiction of which it is located or as the State; " (5) a limited number of existing concentrated employment program grantees serving rural areas having a high level of unemployment which the Secretary determines have special capabilities for carrying out programs in such areas and are designated by the Secretary for that purpose; and '^ "(6) any unit of general local government previously designated as a prime sponsor under the provisions of this Act (as in effect prior to the effective date of the Comprehensive Employment and Training Act Amendments of 1978), regardless of a Ante, p. 1909. population decline below 100,000 persons, which the Secretary certifies has demonstrated its effectiveness in, and continues to have the capability for, adequately carrying out programs under this Act. "(b)(1) A State shall not qualify as a prime sponsor for any geographical area within the jurisdiction of any prime sponsor described in paragraph (2), (3), (4), (5), or (6) of subsection (a) unless such prime sponsor has not submitted an approvable comprehensive employment and training plan for such area. " (2) A larger unit of general local government shall not qualify as a prime sponsor with respect to the jurisdiction within its area of any smaller eligible unit of general local government unless such smaller unit has not submitted an approvable comprehensive employment and training plan for such area. "(c) An applicant shall submit to the Secretary a notice of intent Notice, to be a prime sponsor for a fiscal year by such date as the Secretary shall prescribe. The Secretary shall designate as a prime sponsor any

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 Rh house was the roast body of her youngest son, the hot steam from which made her mouth water. "Ah!" said she, "my son is a good boy; he has done what I told him, I see; and now I shall have the pleasure of eating the body of my rival's child. But I wonder where my own children are," she went on, as she looked round the house in search of her sons. "Ah! there they are in bed, I see; they are doubtless tired from their exertion in the water and have fallen asleep. I won't disturb them till I have eaten my supper." And without approaching the bed, whereon lay three small logs, placed there by the eldest of the black-bear-boys for the purpose of misleading her, she fell to, all unconscious of what she was eating, and devoured the carcase of her own child. Now it had happened that her last child was born just about the same time as the black-bear-mother gave birth to her third son, and in order to distinguish hers from the black bear's she had made three incisions on the claws of her son's fore-paws. She had nearly eaten the whole body when the little talker-bird [not identified] alighted on the roof of the house and began to whistle and talk. Said he: "Oh, you shocking, unnatural mother! why are you eating the body of your own child? How can you be so wicked?" "Be off with your babble!" answered the bear, with her mouth full of meat. "What do you know about the matter? You talk too much." But the bird whistled and chattered on, and continued to upbraid her for eating her own child. "It is not my child," said the grizzly. "There are my three children in bed yonder." "Are you sure?" replied the bird; "look at the claws in your hand." The grizzly did so, and perceived in a moment the three familiar marks which she had made on her youngest son's nails. Springing up, she rushed to the bed, and, snatching off the blanket, discovered that what she had taken for the forms of her children were only three rotten logs. Raging with fury, she rushed about in search of the other children, realising that she had been outwitted by the son of the murdered black bear. Presently discovering their trail, she hastened after them, vowing vengeance as she went.

In the meantime, the three boys had been making the best of


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Page:United States Statutes at Large Volume 92 Part 2.djvu/638

 92 STAT. 1918

p

PUBLIC LAW 95-524—OCT. 27, 1978 applicant submitting such a notice unless the Secretary determines that such applicant does not qualify under this section. "(d) State prime sponsors shall, in coordination with units of general local government, make appropriate arrangements for appropriate area planning bodies to serve subareas within the State prime sponsor's area for the purpose of assisting in the effective planning and delivery of comprehensive employment and training programs in such subareas, in accordance with such regulations as the Secretary may prescribe. "AUTHORITY or SECRETARY TO PROVIDE SERVICES

29 USC 812.

"SEC. 102. In any area for which no prime sponsor has been designated or where the Secretary has taken an action under section 104 or section 106 which results in employment and training services not being provided in such area, the Secretary shall use funds allocated to such prime sponsor to make payments directly to public agencies or private nonprofit organizations as if the Secretary were the prime sponsor for that area. ' -"*

29 USC 813.

"COMPREHENSIVE EMPLOYMENT AND TRAINING PLAN

"SEC. 103. (a) In order to receive financial assistance under this Act, a prime sponsor designated under section 101(c) shall submit to the Secretary a comprehensive employment and training plan. Such plan shall consist of a master plan and an annual plan. The master plan shall serve as the long-term charter under which the programs of such prime sponsor shall be operated. Such plan shall be sufficiently detailed to provide the Secretary and the prime sponsor with a thorough understanding of the economic conditions of the area and of the prime sponsor's long-term programmatic and administrative arrangements to ensure that each annual program is designed and implemented in a manner best suited to such conditions and in a manner consistent with the requirements of this Act. The formulation of such plan by the prime sponsor shall involve the active participation of the prime sponsor planning council, and such plan shall— "(1) include (A) a detailed analysis of the area to be served, including geographic and demographic characteristics of signifi-•'in cant segments of the population to be served (with data indicating the number of potential eligible participants and their income ^ ' and employment status), and (B) a comprehensive labor market analysis and assessment of the economic conditions in the area, identifying the availability of employment and training in various public and private labor market sectors in such area and the potential for job growth in such sectors; "(2) include a statement of the long-term goals of the prime sponsor for the improvement of such labor market and economic conditions; .•: / i\, "(3) include a detailed description of— "(A) the methods and institutional arrangements which •,•; will be used to involve community based organizations, educational agencies, and other deliverers of services in the devel:o, .^. • opment and implementation of the programs assisted under this Act; and "(B) the methods and criteria which will be used to select such deliverers of services from an inventory of potentially
 * '' ' I = ' f.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/639

 PUBLIC LAW 95-524—OCT. 27, 1978 available deliverers of services (which have expressed an interest in writing) maintained by the prime sponsor as records accessible to the public; "(4) include a detailed description of— "(A) the prime sponsor's administrative arrangements, including the procedures to be used to supervise deliverers of service (including criteria for determining that a program has demonstrated effectiveness), to select and to place individuals on the administrative staff, to evaluate and audit the operation of such programs, and to process complaints and grievances; "(B) the methods to be used to identify and place participants in such programs, the arrangements made with respect to providing such participants with job search assistance, counseling, and other services; and "(C) the procedures for the selection of and the arrangements made with respect to consultation with the prime sponsor planning council, the youth council, and the private industry council; "(5) include a description of arrangements to ensure that— "(A) employment and training services, including the development of job opportunities, will be provided to those most in need of them, including low-income persons, handicapped individuals, persons facing barriers to employment commonly experienced by older workers, and persons of limited English-speaking ability, and that the need for continued funding of programs of demonstrated effectiveness is taken into account in serving such groups and persons; "(B) nondiscrimination and equal employment opportunities are provided; and "(C) procedures are developed which will lead to skill development and job opportunities for participants in occupations traditionally limited to individuals of the opposite sex; "(6) provide a description of appropriate arrangements with educational agencies serving youth, community-based organizations serving the poverty community which are not represented on the prime sponsor planning council, and other special target groups, for their participation in the planning of programs included in the plan; "(7) provide for utilizing those services and facilities which are available, with or without reimbursement, from Federal, State, and local agencies to the extent deemed appropriate by the prime sponsor after giving due consideration to the effectiveness of such existing services and facilities, including the State employment service. State vocational education and vocational rehabilitation agencies, State public assistance agencies, area skills centers, local educational agencies, postsecondary training and education institutions, community action agencies, other public agencies and community-based organizations, but nothing contained herein shall be construed to limit the utilization of services and facilities of private agencies, institutions, and organizations (such as private businesses, labor organizations, and private educational and vocational institutions) which can, at comparable cost, provide substantially equivalent training or services;

92 STAT. 1919

i

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 92 STAT. 1920

20 USC 2305. Post, p. 2011.

29 USC 49 et seq.

PUBLIC LAW 95-524—OCT. 27, 1978 "(8) provide (A) a description of arrangements for (i) the use of skills centers established under section 231 of the Manpower Development and Training Act of 1962, and (ii) the use of other public vocational education facilities in such area; (B) a description of arrangements to coordinate services for which financial assistance is provided under programs administered by the Secretary relating to employment and training and related services; and (C) a description of arrangements to promote maximum feasible use of apprenticeship or other on-the-job training opportunities available under section 1787 of title 38, United States Code; "(9) provide for and include a description of arrangements made to ensure the participation of and consultation with local educational agencies, vocational education agencies, communitybased organizations. Federal and State agencies, organized labor, business, and other institutions and organizations in the conduct of programs under this Act; "(10) include a description of procedures for the consideration of any changes in the agreement required by this subsection or in the annual plan required under subsection (b), including review of such changes by the prime sponsor planning council; "(11) include a detailed description of recordkeeping procedures (including books of account) for the expenditure of funds received under this Act which will allow the Secretary to audit and monitor the prime sponsor's programs, and will assure adequate supervision and monitoring of such programs by the prime sponsor, particularly with respect to the eligibility of participants and the propriety of participant selection procedures and practices; " (12) include a detailed description of procedures for the monitoring and auditing of any subgrantees or subcontractors; "(13) include a description of the methods and arrangements which wnll be used to ensure the fullest possible utilization, consistent with the education and training needs identified in the plan, of public vocational education facilities and programs, and of other facilities of local education agencies in the provision of instruction in basic cognitive skills and in the development and implementation of programs assisted under this Act; "(14) provide evidence that in the development of such plan there has been a continuing process of consultation with interested groups in the area not directly represented on the prime sponsor's planning council, including local advisory councils established under section 105(a) of the Vocational Education Act of 1963 and the private industry council established under section 704 of this Act, representatives of local education agencies, and representatives of postsecondary educational agencies; "(15) include a description of the methods for coordination between the prime sponsor and the local State employment security agencies and delineate the specific responsibilities of each in the delivery of employment and training services for participants funded under this Act and under the Wagner-Peyser Act, with the goal of maximizing the level of coordination between the ^ prime sponsor and the local employment security agency and ^ minimizing duplication; r ^o. Mnrnfii?;,!.;

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Page:United States Statutes at Large Volume 92 Part 2.djvu/641

 PUBLIC LAW 95-524—OCT. 27, 1978

92 STAT. 1921

"(16) include a description of the procedures concerning academic credit developed in conjunction with the appropriate local educational agency or institution of higher education and approved by the appropriate State educational agency (including State agencies responsible for postsecondary education), or, where a prime sponsor's area includes more than one local educational agency, developed in conjunction with, and approved by, the appropriate State educational agency; "(17) include a description of recommendations of members of the prime sponsor's planning council which were not included in the plan, together with the reasons for rejecting them; " (18) include a description of actions to ensure compliance with personnel procedures and collective bargaining agreements; "(19) include a description of efforts to remove artificial barriers to employment; " (20) include a description of plans and activities to coordinate, strengthen, and expand employment and training activities under this Act with economic development activities in the private sector; and "(21) include adequate assurances of compliance wnth all provisions of this Act and regulations promulgated pursuant thereto. "(b) To receive funds for any fiscal year, a prime sponsor shall Annual plan, submit an annual plan, which shall include— "(1) a description of any significant changes from the information provided in the master plan; "(2) a description of the eligible population identified by race, sex, national origin, and age, and the proposed activities and services for participants from these significant segments of the eligible population; "(3) a description of specific services for individuals who are experiencing severe handicaps in obtaining employment, including individuals who lack credentials, require basic and remedial skill development, have limited English-speaking ability, are handicapped, are disabled or Vietnam-era veterans, are offenders, are displaced homemakers, are public assistance recipients, are 55 years of age or older, are youth, are single parents, are women, or are other individuals who the Secretary determines have particul ar disadvantages in the labor market; "(4) a description of the services to be provided, the prime sponsor's performance and placement goals (including such goals as may be established with respect to the groups identified in paragraphs (2) and (3)), and the relationship of such goals to the Secretary's performance standards; "(5) the proposed budget for the program year, including a detailed summary of the expenditures made during the preceding year, results achieved, and changes made in the annual plan for the program year; "(6) a description of the relationship between job development and placement under this Act and other employment and training programs in the area served, and efforts made or which will ' be made to coordinate programs under this Act with such other programs; "(7) a description of programs to orient and prepare the participants for their j ob responsibilities;

39-194 O—80—pt. 2

41: QL3

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Page:United States Statutes at Large Volume 92 Part 2.djvu/642

 92 STAT. 1922

Post, p. 1950.

•

••

Post, p. 1953.

PUBLIC LAW 95-524—OCT. 27, 1978 "(8) a descriiption of efforts to be undertaken to involve the private sector; " (9) a statement of any intention by the prime sponsor to apply for and utilize funds provided under this Act which are not allocated by formula; "(10) a description of wage rates or salaries and fringe benefits to be paid to persons employed in public service employment and a comparison with the wages or salaries and fringe benefits paid for similar public occupations by the same employer; levels of employment not supported under this Act; layoffs, and hiring and promotional freezes in each employing agency; (11) a description of the procedures which will be used to promote the objectives of section 121(a)(4), including the hiring, licensing, and contracting activities of the political units, subgrantees, and contractors of such prime sponsor; "(12) the method for determining priorities for service under title II which shall be based on objective locally established criteria to assist the prime sponsor in assuring service to those most in need, such priorities shall be based on locally determined factors such as employment status, household status, level of employability development, handicap, veteran status, age, race, sex, or other criteria deemed viable by the prime sponsor; " (1^) ^ lis^ of the specific contracts from the previous year with those institutions providing training programs, including information on the rate of positive placement for individuals who have completed such programs; "(14) a summary of any evaluation conducted of the prime sponsor's programs during preceding program years and a description of any use made of such evaluation in the modification or alteration of the prime sponsor's program; "(15) a description of an affirmative action program for outreach to and training, placement, and advancement of handicapped individuals in employment and training programs under this Act, including— "(A) a description of the extent to which and the methods whereby the special needs of the handicapped are to be met; and "(B) a description of the number of handicapped individuals who were served in the preceding year the types of training or employment in which they were placed, and the number of such individuals who were moved into unsubsidized employment; and " (16) a copy of all agreements made pursuant to section 203(c). "(c) The Secretary shall establish procedures for submittal, approval, and implementation of changes in the comprehensive employment and training plan, together with any reports required under this Act, not more than once each fiscal quarter. li

29 USC 814.

REVIEW OF PLANS

"SEC. 104. (a) Each prime sponsor shall, at least 45 days before submitting its master or annual plan to the Secretary—• "(1) transmit such plan, in order to allow at least 30 days of review and comment, to— "(A) the Governor; ,

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Page:United States Statutes at Large Volume 92 Part 2.djvu/643

 PUBLIC LAW 95-524—OCT. 27, 1978 "(B) the State employ merit and training council; "(C) the prime sponsor planning comicil and the private industry council; "(D) appropriate units of general local government in its area; and " (E) labor organizations in the area which represent employees engaged in work similar to that proposed to be funded; "(2) make such plan available, in order to allow for at least thirty days of review and comment, to— "(A) each House of the State legislature for appropriate referral; "(B) appropriate community based organizations of demonstrated effectiveness in serving significant segments of the eligible population; and "(C) appropriate educational agencies and institutions, and give written notification of its availability; and "(3) make such plan available to the general public through such means as public hearings, newspapers, bulletins, and other media, including publications that primarily serve significant segments of the eligible population. "(b) The prime sponsor shall consider any comments or recommendations received and shall transmit to the Secretary copies of the comments and recommendations of the Governor, the State employment and training council, and the prime sponsor planning council. "(c)(1) The Secretary shall review each comprehensive employment and training plan to determine whether it is complete, whether it meets the requirements of this Act and the regulations promulgated under this Act and other applicable law, and whether, taking into account such factors as past performance and the recommendations made by the Governor, the State employment and training council, and the prime sponsor planning council, it is adequately designed to carry out an effective and well-administered program. The Secretary shall require the prime sponsor to take such action as the Secretary deems necessary to bring its plan and programs into conformance with the Act and the regulations promulgated under this Act or to improve the administration and effectiveness of its programs. If it is determined that such action is made necessary as a result of the Secretary's review of recommendations submitted by the Governor, the State employment and training council, or the prime sponsor planning council, the Secretary shall request an explanation of why the prime sponsor rejected such recommendations. "(2) The Secretary shall, prior to approval of any plan, require the inclusion in such plan of specific management and accounting procedures to assure adequate supervision and monitoring of the programs to be conducted pursuant to such plan, and shall require the adoption of specific procedures (such as accrual accounting procedures) where necessary for such purpose. "(3) The Secretary shall, prior to approval of any plan, ensure that the prime sponsor has demonstrated a recognizable and proven method of verifying eligibility of all participants. The Secretary may require modification or the adoption of specific procedures where necessary for such purposes. The Secretary shall also develop recognizable penalties and inform the prime sponsor of such penalties to

92 STAT. 1923

Availability for review and comment.

Public availability.

Copies of comments and recommendations.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/644

 92 STAT. 1924

Disapproval of P^*°-

Notice of disapproval.

PUBLIC LAW 95-524—OCT. 27, 1978 be applied upon a finding of the ineligibility of any participant. I n reviewing such plans, the Secretary shall ensure that the plans adequately describe, and the prime sponsor demonstrates a thorough understanding of, labor market and economic conditions in the area served, that the plan is reasonably designed to respond to such conditions, that the administrative arrangements and procedures are adequate for the performance of the program and will ensure that professional standards of management will be attained, and that the plans provide for adequate relationships with existing community efforts and maximize the use of existing resources. " (4) The Secretary may disapprove all or any portion of a plan if he finds that the use of funds for a particular subcontract or subgrant provided within that portion of the plan would be grossly inefficient or fail to carry out the purposes of this Act. " (d)(1) The Secretary shall disapprove any plan that does not fully satisfy the review under subsection (c), after a reasonable opportunity, but not less than 30 days, has been given to the prime sponsor to remedy any defect found in the plan and the prime sponsor has failed to do so. " (2) Whenever the Secretary disapproves a plan he shall transmit a notice of disapproval to the prime sponsor and the Governor, accompanied by a statement of reason for the disapproval. The Secretary shall not disapprove a plan without first affording an opportunity for a hearing to the prime sponsor. " (e)(1) The Secretary shall, not later than March 31 of the fiscal year preceding the fiscal year for which an annual plan is to take effect, establish a date for the submission of such annual plan. The Secretary shall make available to each prime sponsor a complete and final set of all applicable regulations and necessary application materials no later than May 15 of the fiscal year preceding the fiscal year for which such plan is to take effect. W i t h respect to funds allocated under this Act on the basis of a formula, the Secretary shall also provide prime sponsors with a preliminary planning estimate based on the amounts available in the budget of the President or in the most recent concurrent budget resolution under the Congressional Budget Act applicable to such year. I f for any reason the Secretary cannot provide a complete and final set of all applicable regulations and necessary application materials by such May 15 prior to the date established under the first sentence of this subsection, the Secretary shall extend the date for submittal of such plan to allow the prime sponsor to review such regulations and to complete such materials prior to submittal. "(2) During the period of time between May 15 and the date for submittal of the plan, the Secretary shall not issue any regulations or guidelines or interpretations thereof that require any change in the prime sponsor's plan, which is a condition for the Secretary's approval or disapproval of the plan. If the Secretary deems that a plan change is required during this period, the Secretary shall allow at least one fiscal quarter for the prime sponsor to submit such change, except that the sponsor may at its own discretion submit the required change as part of its plan submittal under paragraph (1).

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Page:United States Statutes at Large Volume 92 Part 2.djvu/645

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

92 STAT., 1925

"GOVERNOR'S COORDINATION AND SPECIAL SERVICES PLAN

"SEC. 105. (a) Any State seeking financial assistance under this Act shall submit a Governor's coordination and special services plan to the Secretary. "(b) Governor's coordination and special services activities shall include the following— "(1) coordinating all employment and training, education, and related services provided by the State, by prime sponsors, by State education agencies and other appropriate institutions of vocational and higher education, State and local public assistance agencies, and by other providers of such services within the State; " (2) coordinating programs financed under the Wagner-Peyser Act and this Act, including assisting in the negotiation of any agreements (including partnership arrangements described in section 307) between prime sponsors and State employment security agencies; "(3) assuring that comprehensive employment and training plans do not unnecessarily result in the duplication of services; "(4) assisting the Secretary in enforcing the requirements for Federal contractors and subcontractors to list all suitable employment openings with local offices of the State employment service agencies and to take affirmative action, as required in section 2012 (a) of title 38, United States Code; "(5) assuring the promotion of prime sponsor planning that takes into account conditions prevailing in labor market areas covering more than one prime sponsor area, as well as related activities such as community development, economic development, vocational education, vocational rehabilitation, and social services; "(6) exchanging of information between States and prime sponsors with respect to State, interstate, and regional planning for economic development, human resource development, education, and other subjects relevant to employment and training planning; "(7) developing and providing to prime sponsors information on a State and local area basis regarding economic, industrial, and labor market conditions; "(8) making available to prime sponsors, with or without reimbursement and upon request, appropriate information and technical assistance to assist them in developing and implementing their programs; "(9) carrying out special model training and employment programs and related services, which may include programs for offenders similar to programs described in section 301(b)(2); "(10) providing financial assistance for special programs and services designed to meet the needs of rural areas outside major labor market areas; "(11) providing labor market and occupational information to prime sponsors and appropriate educational agencies and institutions without reimbursement; and " (12) facilitating and fostering the activities of the State Occupational Information Coordinating Committee established pursuant to section 161(b)(2) of the Vocational Education Act of 1963, with special emphasis on the systematic use of occupational inf or-

29 USC 815,

29 USC 49 et seq. Post, p. 1966.

Post, p. 1960.

20 USC 2391.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/646

 92 STAT. 1926

PUBLIC LAW 95-524—OCT. 27, 1978 mation for prime sponsor planning as well as assisting and encouraging the development and use of career outlook information for individuals who are receiving rehabilitation services, students in local schools, and individuals using the services of prime sponsors and local offices of State employment security agencies. "(c) A Governor's coordination and special services plan shall be approved by the Secretary only if the Secretary determines that the plan satisfactorily implements subsection (b). u COMPLAINTS AND SANCTIONS

Grievance procedure. 29 USC 816. Post, p. 1960. Hearings,

s

>'

Post, p. 1948.

'

"SEC. 106. (a)(1) Except for complaints subject to the provision of paragraph (2), each prime sponsor receiving finajicial assistance under this Act or contractor or grantee under title III shall establish and maintain a grievance procedure, including provision for hearings within 30 days after the filing of a grievance, and for handling complaints about the program arising from its participants, subgrantees, contractors, and other interested persons. Hearings under such procedure shall be conducted expeditiouslj and decisions shall be made not later than 60 days after the filing of the grievance involved. With the exception of grievances alleging fraud or any criminal activity, the filing of a grievance must be made within one year of the alleged occurrence. "(2) Whenever the recipient of financial assistance under this Act is an employer and the participant is an employee of that employer, the recipient shall continue to operate or shall establish and maintain a grievance procedure relating to the terms and conditions of employment. " (b) Whenever the Secretary receives a complaint from any interested person or organization (which has exhausted the prime sponsor's grievance system under subsection (a)(1) or which has exhausted or failed to achieve resolution of the grievance under the recipient's grievance system under subsection (a)(2) or under a collective bargaining agreement within the time limits prescribed in subsection (a)(1) or in such agreement) which alleges, or whenever the Secretary has reason to believe (because of an audit, report, on-site review, or otherwise) that a recipient of financial assistance under this Act is failing to comply with the requirements of this Act, the regulations under this Act, or the terms of the comprehensive employment and training plan, the Secretary shall investigate the matter. The Secretary shall conduct such investigation, and make the final determination required b^ the following sentence regarding the truth of the allegation or belief involved, not later than 120 days after receiving the complaint. If, after such investigation, the Secretary determines that there is substantial evidence to support such allegation or belief that such a recipient is failing to comply with such requirements, the Secretary shall, after due notice and opportunity for a hearing to such recipient, determine whether such allegation or belief is true. "(c)(1) The Secretary shall revoke all or any part of a prime sponsor's comprehensive employment and training plan and terminate financial assistance thereunder, if prior notice and opportunity for a hearing have been given, when the Secretary determines that the prime sponsor is maintaining a pattern or practice of discrimination in violation of section 132.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/647

 PUBLIC LAW 95-524—OCT. 27, 1978 "(2) The Secretary shall have the authority to revoke a prime sponsor's comprehensive employment and training plan and terminate financial assistance thereunder, if prior notice and opportunity for a hearing have been given, when the Secretary determines that the prime sponsor is— "(A) failing to make opportunities available equitably among the significant segments of the eligible population in the area it serves; "(B) failing to provide participants with employment or training opportunities at levels of skill and remuneration that are commensurate wath their capabilities or potential capabilities; "(C) failing to give due consideration to the eligible population in areas of chronic or concentrated unemployment; "(D) failing to give due consideration to funding of programs of demonstrated effectiveness; " (E) incurring unreasonable administrative costs in the conduct of activities and programs, as determined by the Secretary pursuant to regulations under this Act; " (F) materially failing to expend funds in a reasonable period of time; or "(G) otherwise materially failing to carry out the purposes and provisions of this Act or the regulations promulgated pursuant to this Act. " (d)(1) If the Secretary concludes that any recipient of funds under this Act is failing to comply with any provision of this Act or the regulations under this Act or that the recipient has not taken appropriate action against its subcontractors, subgrantees, and other recipients, the Secretary shall have authority to terminate or suspend financial assistance in whole or in part and order such sanctions or corrective actions as are appropriate, including the repayment of misspent funds from sources other than funds under this Act and the withholding of future funding, if prior notice and an opportunity for a hearing have been given to the recipient. Whenever the Secretary orders termination or suspension of financial assistance to a subgrantee or subcontractor (including operators under a nonfinancial agreement), the Secretary shall have authority to take whatever action is necessary to enforce such order, including action directly against the subgrantee or subcontractor, and an order to the primary recipient that it take such legal action, to reclaim misspent funds or to otherwise protect the integrity of the funds or ensure the proper operation of the program. "(2) If the Secretary concludes that a public service employment program is being conducted in violation of section 121(e)(2), (e)(3), (g)(1), section 122(c), (e), or section 123(g), or regulations promulgated pursuant to such sections, the Secretary shall, pursuant to paragraph (1) of this subsection, terminate or suspend financial assistance in whole or in part, order the repayment of misspent funds from sources other than funds under this Act or other funds used in connection with programs funded under this Act (unless, in view of special circumstances as demonstrated by the recipient, the Secretary determines that requiring repayment would not serve the purposes of attaining compliance with such sections), and order such other sanctions or corrective actions as are appropriate.

92 STAT.| 1927

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Page:United States Statutes at Large Volume 92 Part 2.djvu/648

 92 STAT. 1928 Termination or suspension of financial assistance. Notice and hearing.

Post, p. 1949.

PUBLIC LAW 95-524—OCT. 27, 1978 "(e) In emergency situations, as determined by the Secretary, when it is necessary to protect the integrity of the funds or ensure the proper operation of the program, the Secretary may immediately terminate or suspend financial assistance in whole or in part, provided that prompt notice and opportunity for a subsequent hearing, within 30 days after such termination or suspension, are given to the recipient. The Secretary shall not delegate any of the functions or authority specified in this subsection other than to an officer whose appointment was required to be made by and with the advice and consent of the Senate. "(f) If the Secretary determines that any recipient under this Act has— "(1) discharged or in any other manner discriminated against a participant or against any person in connection with the administration of the program involved or against any person because such person has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding or investigation under or related to this Act, or otherwise unlawfully denied to any person a benefit to which that person is entitled under the provisions of this Act or the Secretary's regulations, or "(2) discriminated against any person, failed to serve equitably significant segments of the eligible population, or failed to provide employment or training opportunities at levels of skill and remuneration that are commensurate with the participant's capabilities or potential capabilities; the Secretary shall, within 30 days, take such action or order such corrective measures, as necessary, with respect to the recipient or the aggrieved person, or both. "(g) The Secretary may withhold funds otherwise payable under this Act in order to recover any amounts expended in any fiscal year in violation of any provision of this Act, any regulation promulgated pursuant to this Act, or any term or condition of assistance under this Act. In the event of any such withholding which results from fraud or abuse, the Secretary may order the prime sponsor to conduct the program as specified in the applicable plan on the basis of funds other than funds under this Act and may enforce such order by appropriate civil action, unless the prime sponsor elects to terminate participation as a grantee under this Act. "(h) With the consent and consideration of State agencies charged with the administration of State laws, the Secretary shall be authorized, for the purpose of carrying out this section and section 133, to utilize the services of State and local agencies and their employees. Notwithstanding any other provision of law, the Secretary is authorized to reimburse, in whole or in part, such State and local agencies and their employees for services rendered for such purposes. "(i)(1) Except as otherwise provided in subsection (e), the Secretary shall not revoke a prime sponsor's plan, in whole or in part, nor institute corrective action or sanctions against a prime sponsor under this section or any other provision of this Act, without first providing the prime sponsor with notice by the Secretary of his intended actions and the reasons upon which those intended actions are based, and also providing the prime sponsor— "(A) with an opportunity to informally resolve those matters contained in the Secretary's notice; and

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Page:United States Statutes at Large Volume 92 Part 2.djvu/649

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

92 STAT. 1929

" (B) in the event that the prime sponsor and the Secretary cannot informally resolve any matter pursuant to clause (A), with a notice that (i) indicates that efforts to informally resolve matters contained in the Secretary's original notice have been unsuccessful; (ii) lists those matters upon which the parties continue to disagree; and (iii) informs the prime sponsor of any sanctions, corrective action, or any other alteration or modification of the prime sponsor's plan or program intended by the Secretary. " (2) Within 10 days of receipt of the Secretary's notice under para- Hearing, graph (1)(B), the prime sponsor may request a hearing, but in no event shall the Secretary proceed under this subsection without first fulfilling all the requirements under this subsection. "(j) In order to ensure compliance with the provisions of this Act Audit programss. and regulations promulgated under this Act and to ensure conduct of programs in a manner consistent with the purposes and objectives of this Act, the Secretary may require prime sponsors to participate in unified audit programs established by the Secretary to provide for the audit of both prime sponsors and their respective subgrantees and subcontractors. In any such case the Secretary may require the prime sponsor to pay, from funds under this Act available to it for administrative expenses, that portion of the unified audit expenses allocable to the audit of such subgrantees and subcontractors. "(k) Nothing in this section shall be deemed to reduce the responsibility and full liability of the prime sponsors and other recipients which receive funds directly from the Secretary. "(1) The existence of remedies under this section shall not preclude any person, who alleges that an action of a prime sponsor or of any other recipient violates any of the provisions of the Act or the regulations promulgated under the Act, from instituting a civil action or pursuing any other remedies authorized under Federal, State, or local law. "JUDICIAL REVIEW

"SEC. 107. (a) If any prime sponsor is dissatisfied with the Secre- 29 USC 817. tary's final action with respect to the disapproval of its comprehensive employment and training plan under section 104, or if any recipient is dissatisfied with the Secretary's final action with respect to a sanction under section 106, or if any interested person is dissatisfied with or aggrieved by any final action of the Secretary authorized under section 106, such prime sponsor, recipient, or person may, within 60 days after notice of such action, file with the United States court of appeals for the circuit in which the prime sponsor, recipient, or person resides or transacts business a petition for review of such action. "(b) The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may, in whole or in part, set aside the findings of the Secretary or remand the case to the Secretary in whole or in part to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify the previous action, and shall certify to the court the record of the further proceedings. U-

REALLOCATION

"SEC. 108. (a) The Secretary is authorized to reallocate any amount 29 USC 818. of any allocation under this Act to the extent that the Secretary deter-

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Page:United States Statutes at Large Volume 92 Part 2.djvu/650

 92 STAT. 1930

Publication in Federal Register.

PUBLIC LAW 95-524—OCT. 27, 1978 mines that the recipient will not be able to use such amount within a reasonable period of time. "(b)(1) Any allocations to a prime sponsor designated under section 101(c) may be reallocated only if the Secretary has provided 30 days advance notice to the prime sponsor, to the Governor, and to the general public. During such period comments may be submitted to the Secretary. " (2) After considering any comments submitted during such period, the Secretary shall notify the Governor and the affected prime sponsor of any decision to reallocate funds, and shall publish such decision in the Federal Register. " (3) In reallocating any such funds, the Secretary shall give priority first to other prime sponsor areas within the same State and then to prime sponsor areas within other States. PRIME SPONSOR'S PLANNING COUNCIL

29 USC 819. Membership.

Publicly announced meetings. Recommendations.

"SEC. 109. (a) Each prime sponsor designated under section 101(c) shall establish a planning council. "(b) Each planning council established under subsection (a) shall consist of members who are representative of the eligible population (including significant segments thereof), organized labor, employees who are not represented by organized labor, community-based organizations, the employment service, veterans organizations, representatives of handicapped individuals, vocational education agencies, public assistance agencies, other education and training agencies and institutions, business, labor, and, where appropriate agricultural employers and workers. "(c) The prime sponsor shall appoint the members of the planning council, designate a public member as chairperson and furnish staff to provide professional, technical, and clerical assistance to the council. "(d) The planning council shall meet no less than 5 times per year. The meetings shall be publicly announced, and, to the extent appropriate, open to and accessible to the general public. "(e) The council shall (1) participate in the development of, and submit recommendations regarding, the prime sponsor's comprehensive employment and training plan and the basic goals, policies, and procedures of the prime sponsor's programs and of other employment and training programs in the prime sponsor's area; (2) monitor, and provide for objective evaluation of, employment and training programs conducted in such area; and (3) provide for continuing analyses of the need for employment, training, and related services in such area, including efforts to reduce and eliminate artificial barriers to employment. Special consideration shall be given to the recommendations of the planning council, but any final decision with respect to such recommendations shall be made by the prime sponsor. "(f) The planning council shall take into consideration any comments and recommendations of the private industry council in the development of the comprehensive employment and training plan. "STATE EMPLOYMENT AND TRAINING COUNCIL

29 USC 820. Post, p. 1950.

"SEC. 110. (a)(1) Any State which desires to receive financial assistance under this Act shall establish a State employment and training council (hereinafter in this section referred to as the 'Council'). Funding for the council shall be provided pursuant to section 202(c).

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Page:United States Statutes at Large Volume 92 Part 2.djvu/651

 PUBLIC LAW 95-524—OCT. 27, 1978

92 STAT. 1931

"(2) The council shall be appointed by the Governor, who shall designate one public member thereof to be chairperson. The Governor shall furnish staff to provide professional, technical, and clerical assistance to the council. Membership. " (3) The council shall be composed of— "(A) representatives of the units or combinations of units of general local government in such State, including those which are prime sponsors, who together shall comprise at least one-quarter of the membership of the council and shall be nominated by the chief executive officers of the units or combination of units of general local government; "(B) representatives of organized labor, business, and agricultural employers and workers, who together shall comprise onequarter of the membership of the council; "(C) representatives of the eligible population (including significant segments thereof) and of the general public, who together shall comprise one-quarter of the membership of the council; and "(D) representatives of service deliverers, who together shall comprise not more than one-quarter of the membership of the council, including at least— "(i) one representative each of the State board of vocational education and the public employment service of such State; "(ii) one representative of the State Advisory Council on Vocational Education created pursuant to section 105 of the Vocational Education Act of 1963; 20 USC 2305. "(iii) one representative of the State public assistance agency; "(iv) one representative of each such other State agency as the Governor may determine to have a direct interest in overall employment and training and human resource utilization within the State; "(v) representatives of community-based organizations; "(vi) representatives of veterans organizations; and "(vii) representatives of handicapped individuals. "(4) The council shall meet at such times (but at least 5 times each Publicly yGSLT"^ and in such places as it deems necessary. The meetings shall be publicly announced, and, to the extent appropriate, open and accessible announced meetings. to the general public. "(b) The council shall— "(1) review continuously the operation of programs conducted by each prime sponsor, and the availability, responsiveness, and adequacy of State services, and make recommendations to the prime sponsors, to agencies providing employment and training services, to the Governor, and to the general public with respect to ways to improve the effectiveness of such programs or services; "(2) make an annual report to the Governor which shall be a public document, and issue such other studies, reports, or documents as it deems advisable to assist prime sponsors or to otherwise help carry out the purposes of this Act; "(3)(A) identify, in coordination with the State Advisory Council on Vocational Education, the employment and training and vocational education needs of the State and assess the extent to which employment and training, vocational education, voca-

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Page:United States Statutes at Large Volume 92 Part 2.djvu/652

 92 STAT. 1932

Comments. 20 USC 2305.

PUBLIC LAW 95-524—OCT. 27, 1978 tional rehabilitation, public assistance, and other programs assisted under this and related Acts represent a consistent, integrated, and coordinated approach to meeting such needs; and " (B) comment at least once annually on the reports of the State Advisory Council on Vocational Education, which comments shall be included in the annual report submitted by that Council pursuant to section 105 of the Vocational Education Act of 1963; " (4) review the comprehensive employment and t r a i n i n g plans of prime sponsors pursuant to section 104, especially with respect to nonutilization or duplication of existing services; " (5) review plans of all State agencies providing employment, training, and related services, and provide comments and recommendations to the Governor, the State agencies and the appropriate Federal agencies on the relevancy and effectiveness of employment and t r a i n i n g and related service delivery systems in the State; and " (6) participate in the development of the Governor's coordination and special services plan. a CONSULTATION

29 USC 821.

"'SEC. 111. (a) The Secretary shall consult with the Secretary of Health, Education, and Welfare, with respect to arrangements for services of a health, education, or welfare character under this Act, and the Secretary of Health, Education, and Welfare shall solicit the advice and comments of appropriate State agencies with respects to health, education, and welfare services. Such services shall include basic or general education; educational programs conducted for offenders; institutional t r a i n i n g; health care, child care, and other supportive services; and new careers and job restructuring in the health, education, and welfare professions. " (b) The Secretary, in c a r r y m g out or supporting programs under this Act, shall consult, as appropriate, with the Secretary of Commerce, the Secretary of Housing and Urban Development, the Secretary of Agriculture, the Director of the ACTION Agency, the Director of the Community Services Administration, the Administrator of Veterans Affairs, and such other officials as appropriate. 'AUTHORIZATION

29 USC 822. Ante, p. 1917. Post, pp. 1950, 1954, 1956. Post, p. 1957.

Post, p. 1960. Post, p. 1974.

OF

APPROPRIATIONS

" SEC. 112. (a)(1) There are authorized to be appropriated such sums as may be necessary for fiscal year 1979 and for each of the three succeeding fiscal years to carry out title I. " (2)(A) There are authorized to be appropriated $2,000,000,000 for fiscal year 1979 to carry out part s A, B, and C of title II. " (B) There are authorized to be appropriated $3,000,000,000 for fiscal year 1979 to carry out part D of title II. " (C) Subject to subsection (b)(1), there are authorized to be appropriated such sums as may be necessary for fiscal year 1980 and for each of the two succeeding fiscal years to c a r r y out part s A, B, C, and D of title II. " (3) Subject to subsection (b)(2), there are authorized to be appropriated such sums as may be necessary for fiscal year 1979 and for each of the three succeeding fiscal years to carry out title III. " (4)(A) There are authorized to be appropriated $2,250,000,000 for fiscal year 1979 to carry out title IV.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/653

 PUBLIC LAW 95-524—OCT. 27, 1978 "(B) There are authorized to be appropriated $2,400,000,000 for fiscal year 1980 to carry out title IV. "(C) There are authorized to be appropriated such sums as may be necessary for fiscal year 1981 and for the succeeding fiscal year to carry out parts B and C of title IV. "(5) There are authorized to be appropriated such sums as may be necessary for fiscal year 1979 and for each of the three succeeding fiscal years to carry out title V. "(6) There are authorized to be appropriated for fiscal year 1979 and for each of the three succeeding fiscal years the amount determined pursuant to section 602 to carry out title VI. "(7)(A) There are authorized to be appropriated $500,000,000 for fiscal year 1979 to carry out title VII. "(B) There are authorized to be appropriated $525,000^000 for fiscal year 1980 to carry out title VII. "(8)(A) There are authorized to be appropriated $350,000,000 for fiscal year 1979 to carry out title VIII. "(B) There are authorized to be appropriated $400,000,000 for fiscal year 1980 to carry out title VIII. "(C) There are authorized to be appropriated such sums as may be necessary for fiscal year 1981 and for the succeeding fiscal year to carry out title VIII. "(b)(1) Of the amount appropriated to carry out title II for fiscal years 1980, 1981, and 1982, the amount which shall be available for part D of such title for a fiscal year shall not exceed 60 percent of the total amount appropriated for such title for such fiscal year. "(2) Of the amount appropriated to carry out this Act for any fiscal year, not more than 20 percent of such amount (excluding any amount made available for carrying out part D of title II and title VI) shall be available for carrying out the provisions of title III. From such amount made available for title III activities, the Secretary shall transfer an amount which shall be not less than $3,000,000 and not more than $5,000,000 for any fiscal year to the National Occupational Information Coordinating Committee established pursuant to section 161 (b) of the Vocational Education Act of 1963 for purposes described in section 315 of this Act. "(c) Notwithstanding any other provision of law, unless enacted in specific limitation of the provisions of this subsection, any funds appropriated to carry out this Act, which are not obligated prior to the end of the fiscal year for which such funds were appropriated, shall remain available for obligation during the succeeding fiscal year, and any funds obligated in any fiscal year may be expended during a period of 2 years from the date of obligation. "(d)(1) For the purpose of affording adequate notice of funding available under this Act, appropriations under this Act are authorized to be included in an appropriation Act for the fiscal year preceding the fiscal year for which they are first available for obligation. "(2) In order to effect a transition to the advance funding method of timing appropriation action, the provisions of this subsection shall apply notwithstanding that its initial application will result in the enactment in the same year (whether in the same appropriation Act or otherwise) of two separate appropriations, one for the then current fiscal year and one for the succeeding fiscal year.

92 STAT. 1933 Post, p. 1974.

Post, p. 2002. Post, p. 2005. Post, p. 2010.

Post, p. 2013.

Post, pp. 1957, 2005.

20 USC 2391. Post, p. 1972.

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Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/236

 198 other. When the black-bear-boy shared the soup he had received from the grizzly boy with his own brothers, he bade them eat sparingly of it. When the little grizzly boys tasted the soup they had received, they found it so nice that they ate it all up at once; but the little black-bear-boys complained of theirs, and eat but little, declaring that it had no more flavour than water. When the meal was done, the eldest of the black-bear-boys suggested that they should all go down to the river and bathe, and play in the water. As this suited the plans of the other, it was agreed to, and to the river they went. On reaching the bank, the black bear's eldest son said: "Let our two youngest brothers have a swim together, and see who will beat. The two little ones jumped forthwith into the river, but not being able to swim were both drowned. They were pulled out by the others and laid on the bank. The two middle boys now made an attempt, and were drowned in like manner. "Now let us try," said the grizzly boy to the other, intending to drown him when he got him into the water. The other agreed. They both jumped into the river; but as the grizzly boy had eaten so much soup, he was is no condition for swimming, and in the struggle which followed was himself drowned. The black-bear-boy now returned to shore, pulling his half-brothers after him. When he was out of the water he took his own two brothers and held them head downwards, so that all the water ran out of their lungs, and they presently began to breathe once more, and in a little time were all right and well again. He then built a big fire, and taking the youngest of the grizzly boys he spitted him with a big stick and set him to roast before the fire. The other two he threw into the fire, which soon reduced them to ashes, so that no sign of them remained. When the little grizzly boy was sufficiently roasted he stood him up on his legs by the fire to keep warm for the old grizzly mother's supper. When this was done, he called his two brothers to him, and told them that they would now have to leave their home and run away by themselves. So the second brother, whose name was Clatkeq, which means in English "Funny-man," took his little brother on his shoulders, and they all three thus set off together as fast as they could, and when the grizzly mother got home they were well on their way. The first sight that met her eyes as she entered the


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Page:United States Statutes at Large Volume 92 Part 2.djvu/654

 92 STAT. 1934

^

PUBLIC LAW 95-5?4—OCT. 27, 1978 "PART B—GENERAL PROVISIONS "CONDITIONS APPLICABLE TO ALL PROGRAMS

29 USC 823.

-..

"SEC. 121. Except as otherwise provided, the following conditions are applicable to all programs under this Act: "(a)(1) No person slhiall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with any such program because of race, color, relig^ion, sex, national origin, age, handicap, or political affiliation or belief. "(2) Participants shall not be employed on the construction, operation, or maintenance of so much of any facility as is used or to be used for sectarian instruction or as a place for religious worship. "(3) Every participant, prior to entering upon employment or training, shall be informed of that individual's rights and benefits in connection with such employment or training; acceptance of family planning services shall be voluntary on the part of the individual, and shall not be, a prerequisite to eligibility for, or receipt of, any benefit under the program. "(4) Programs shall contribute, to the maximum extent feasible, to the elimination of artificial barriers to employment and occupational advancement. " (5) Prime sponsors shall make efforts to remove architectural barriers to employment of the handicapped. " (b)(1)(A) Employment and training opportunities for participants shall be made available by prime sponsors on an equitable basis in accordance with the purposes of this Act among significant segments of the eligible population giving consideration to the relative numbers of eligible persons in each such segpient. "(B) In the administration of programs under this Act, members of the eligible population to be served shall be provided maximum employment opportunities, including opportunities for further occupational training and career advancement. Prime sponsors shall make special efforts to recruit and hire qualified persons reflecting the significant demographic segments of the population residing in the area. "(2)(A) The Secretary shall take appropriate steps to provide for the increased participation of qualified disabled and Vietnam-era veterans (with special emphasis on those who served in the Armed Forces in the Indochina Theatre on or after August 5, 1964, and on or before May 7, 1975) in public service employment programs and job training opportunities supported under this Act, but nothing in this Act shall authorize the Secretary to establish a hiring or participation goal for such veterans. In carrying out this paragraph, the Secretary shall consult with and solicit the cooperation of the Administrator of Veterans' Affairs. Such steps shall include employment, training, supportive services, technical assistance and training, support for community based veterans programs, and maintenance and expansion of private sector veterans employment and training initiatives and such other programs or initiatives as are necessary to serve the unique readjustment, rehabilitation, and employment needs of veterans. "(B) Special efforts shall be made to acquaint such veterans with the employment and training opportunities available under this Act, and to coordinate efforts in behalf of such veterans with those activi-

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Page:United States Statutes at Large Volume 92 Part 2.djvu/655

 PUBLIC LAW 95-524—OCT. 27, 1978

92 STAT.| 1935

ties authorized by chapter 41 of title 38, United States Code (relating 38 USC 2001, et to job counseling and employment services for veterans), and other *^f similar activities carried out by other public agencies or organizations. "(C) Prime sponsors shall provide such arrangements as may be appropriate to promote maximum feasible use of apprenticeship or other on-the-job training opportunities available under section 1787 of title 38, United States Code. "(c)(1) All persons participating in training under this Act shall receive allowances pursuant to section 124; no participant may receive allowances from funds under this Act for institutional or classroom training for more than 104 weeks in a 5-year period. "(2) Subject to section 212(b), no individual shall participate in Post, p. 1955. programs receiving financial assistance under this Act for longer than a total of 30 months in any 5-year period. For purposes of this subparagraph, no period of participation prior to October 1, 1978, shall be included in the computation of such 30 months. "(d)(1) Conditions of employment and training shall be appropriate and reasonable in the light of such factors as the type of work, geographical region, and proficiency of the participant. "(2) Appropriate health, safety and other standards for work and training shall be established and maintained. "(3) Household support obligations shall be taken into account, and special consideration shall be given alternative working arrangements such as flexible hours of work, work-sharing arrangements, and parttime jobs, particularly for parents of young children and for older persons. "(4) All programs for in-school youth shall be consistent with applicable State educational standards. "(5) Appropriate workers' compensation or equivalent protection shall be provided to all participants. " (e)(1) The program shall result in an increase in employment and training opportunities over those opportunities which would otherwise be available. " (2) No currently employed worker shall be displaced by any participant (including partial displacement such as a reduction in the hours of nonovertime work, wages, or employment benefits). "(3) No program shall impair existing contracts for services. " (4) No funds shall be used to assist in relocating establishments, or parts thereof, from one area to another or locating new branches, subsidiaries, or affiliates unless the Secretary determines that such relocation or location will not result in an increase in unemployment in the area of original location or in any other area. "(f)(1) All programs, to the maximum extent feasible, shall contribute to occupational development, upward mobility, development of new careers, and overcoming sex-stereotyping (including procedures which will lead to skill development and job opportunities for participants in occupations traditionally limited to the opposite sex). "(2) No person shall be trained for an occupation which requires less than 2 weeks of premployment training unless there are immediate employment opportunities available in that occupation. "(3) All programs shall be designed, to the maximum extent practicable, consistent with every individual's fullest capabilities, to lead to employment opportunities enabling participants to increase their earned income and to become economically self-sufficient.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/656

 92 STAT. 1936

Ante, p. 1909.

Post, p. 1972.

PUBLIC LAW 95-524—OCT. 27, 1978 "(4) No person shall be referred for training unless there is a reasonable expectation of employment in the occupation for which such person is being trained. To the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private sector. " (5) Programs of institutional training shall be designed for occupations in which skill shortages exist. "(g)(1)(A) No program shall substitute funds under this Act for other funds in connection with work that would otherwise be performed. "(B) Jobs shall be created that are in addition to those that would be funded in the absence of assistance under this Act. "(C) Funds shall be used to supplement, and not to supplant, the level of funds that would otherwise be made available from nonFederal sources for the planning and administration of programs. "(2) Programs shall use services and facilities available (with or without reimbursement) from Federal, State, and local agencies to the extent they are deemed effective by the prime sponsor. "(h)(1) No nongovernmental individual, institution, or organization shall be paid funds provided under this Act to conduct an evaluation of any program under this Act if such individual, institution or organization is associated with that program as a consultant or technical advisor, or in any similar capacity. "(2) No member of any council under this Act shall cast a vote on any matter which has a direct bearing on services to be provided by that member (or any organization which that member directly represents) or vote on any matter which would financially benefit the member or the organization which the member represents. "(i) Except as provided in section 212(b), work experience programs conducted under this Act shall not exceed a total of 1,000 hours for any individual (other than an in-school youth), for any year, and not more than 2,000 hours within a 5-year period beginning on the effective date of the Comprehensive Employment and Training Act Amendments of 1978. Work experience shall only be for persons who need assistance in becoming accustomed to basic work requirements, including basic work skills, in order to be able to compete successfully in the labor market. "(j) Funds available for employment benefits under this Act may be used, for the duration of participation, for contributions on behalf of participants who are, prior to July 1, 1979, enrolled in retirement systems or plans. With respect to participants enrolled in retirement systems or plans on or after such date, except as otherwise provided in regulations promulgated by the Secretary, no funds under this Act may be used for contributions to retirement systems or plans unless such contributions bear a reasonable relationship to the cost of providing benefits to participants. Such regulations shall take into consideration circumstances where efforts are being made to change State or local laws or both affecting retirement coverage for individuals who are participants in activities funded pursuant to this Act. Pursuant to section 314 of this Act, the Secretary shall provide technical assistance to recipients to enable retirement systems or plans to comply with section 122(k) and this subsection. "(k) Small and minority-owned businesses shall be provided maximum reasonable opportunity to compete for contracts for supplies and services including, where appropriate, the use of set-asides.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/657

 PUBLIC LAW 95-524—OCT. 27, 1978

92 STAT. 1937

"(1) The Secretary shall promulgate regulations to insure that pay- Regulations, ments to employers organized for profit shall not exceed the difference between the costs of recruiting, training, and supportive services and the costs of lower productivity associated with employing an individual who lacks the requisite skills to perform the job in which the individual is placed and such costs for those otherwise employed. The length of time for which such payments may be made shall not exceed that period of time generally required for the acquisition of skills needed for a position within a particular occupation. " (m) Prime sponsors shall provide, where employment opportunities already exist or where there is a reasonable expectation of nearterm expansion of such employment potential, employment and training opportunities in the development and use of solar, geothermal, hydroelectric, and other alternative energy technologies, and conservation, especially those clean, safe, renewable resources which may assist communities in resolving energy demand problems, thereby reducing their reliance on conventional nonrenewable fuels. For purposes of this section, solar energy sources has the meaning set forth in section 3 of the Solar Energy Research, Development and Demonstration Act of 1974. 42 USC 5552. "(n)(1) Xo prime sponsor may use any funds received under this Act to assist or promote union organizing. Without limiting the powers otherwise granted to the Secretary, funds found by the Secretary to be in violation of this subsection shall be refunded promptly to the United States Treasury. "(2) No individual may be required to join a union as a condition of enrolling in a program assisted under this Act in which only institutional training is provided, unless such institutional training involves individuals employed under a collective-bargaining agreement which contains a union security provision. "(o) No funds provided under this Act shall be paid to any nongovernmental organization, association, firm or other entity for the conduct of any program or activity (other than under title VII or Post, p. 2010. on-the-job training) under this Act unless— "(1) such organization, association, firm or other entity has a meritorious written plan which has been reviewed and evaluated by the prime sponsor or, where appropriate, the Secretary, according to standards promulgated by the Secretary and is found to meet the purposes and requirements of the Act; and "(2) such organization, association, firm or other entity is selected on the basis of merit which shall mean at least that such organization, association, firm or other entity— "(A) has the administrative capability to perform effectively under the program; "(B) has submitted a written plan under paragraph (1) that compares favorably to other plans; and "(C) has not been seriously deficient in its conduct of or participation in any Department of Labor program in the past, or, is not a successor organization to one that was seriously deficient in the past, unless the Secretary in his discretion certifies after a clear, convincing, and detailed showing, that the deficiencies will be eliminated and performances substantially improved; and "(3) a comprehensive and independent monitoring program designed to insure compliance with i^o, plan and this Act is in effect

9-194 O—80—pt. 2

42: QU

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