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855

SPECIAL CONDITIOXS

SEC. 208. (a) The Secretary shall not provide financial assistance for any program or activity nnder this title unless he determines, in accordance with such regulations as he shall prescribe, that— (1) the program (A) will result in an increase in emj;)Ioyment opportunities over those opportunities which would otherwise be available, (B) Avill not result in the displacement of currently employed workers (including partial displacement such as a reduction in the hours of non-overtime work or wages or employment benefits), (C) will not impair existing contracts for services or result in the substitution of Federal for other funds in connection with work that would otherwise be performed, and (D) will not substitute public service jobs for existing federally assisted (2) persons employed in public service jobs under this Act shall be paid wages which shall not be lower than whichever is the highest of (A) the minimum wage which would be applicable to the employee under the Fair Labor Standards Act of 1938, if section 6(a)(1) of such title applied to the participant and if he were not exempt under section 13 thereof, (B) the State or local minimum wage for the most nearly comparable covered employment, or (C) the prevailing rates of pay for persons employed in similar public occupations by the same employer; (3) funds under this title will not be used to pay persons employed in public service jobs under this title at a rate in excess of $10,000 per year; (4) all persons employed in public service jobs under this title will be assured of workmen's compensation, health insurance, unemployment insurance, and other benefits at the same levels and to the same extent as other employees of the employer and to working conditions and promotional opportunities neither more nor less favorable than such other employees enjoy; (5) the provisions of section 2(a)(3) of Public Law 89-286 (relating to health and safety conditions) shall apply to such program or activity; (6) the program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants; (7) no funds under this title will be used for the acquisition of, or for the rental or leasing of supplies, equipment, materials, or real property; and (8) every participant shall be advised, prior to entering upon employment, of his rights and benefits in connection with such employment. (b) Consistent with the provisions of this title, the Secretary shall make financial assistance under this title available in such a manner that, to the extent practicable, public service employment opportunities will be available on an equitable basis in accordance with the purposes of this title among significant segments of the population of unemployed persons, giving consideration to the relative numbers of unemploved persons in each such segment. (c) Where a labor organization represents employees who are engaged in similar work in the same area to that proposed to be performed under any program for which an application is being developed for submission under this title, such organization shall be notified nnd afforded a reasonable period of time prior to the submission of the a]:)plication in which to make comments to the applicant and to the Secretary. (d) The Secretary shall prescribe regulations to assure that pro-

52 Stat. 1050; 63 Stat. 910. 29 USC 201 note. 29 USC 206. 29 USC 213.

79 Stat. 1034. 41 USC 351.

Labor organizations, notification.

Regulations,

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[87 STAT.

grams under this title have adequate internal administrative controls, accounting requirements, personnel standards, evaluation procedures, and other policies as may be necessary to promote the effective use of funds. Periodic reports. ^g^ rpj^g Secretary shall not provide financial assistance for any program under this title unless he determines, in accordance with regulations which he shall prescribe, that periodic reports will be submitted to him containing data designed to enable the Secretary and the Congress to measure the relative and, where programs can be compared appropriately, comparative effectiveness of the programs authorized under this title and other federally supported manpower programs. Such data shall include information on— (1) characteristics of participants including age, sex, race, health, education level, and previous wage and employment experience; (2) duration in employment situations, including information on the duration of employment of program participants for at least a year following the termination of participation in federally assisted programs and comparable information on other employees or trainees of participating employers; and (3) total dollar cost per participant, including breakdown between wages, training, and supportive services, all fringe benefits, and administrative costs. The Secretary shall compile such information on a State, regional, and national basis, and shall include such information in the report required by section 209 of this title. Discrimination, ?f\ ^}^^ Secretary shall not provide financial assistance for any prohibition. program under this title unless the grant, contract, or agreement with respect theieto specifically provides that no person with responsibilities in the operation of such program will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, political affiliation, or beliefs. (g) The Secretary shall not provide financial assistance for any program undoi- this title which involves political activities; and neither the program, the funds provided therefor, nor personnel employed in the administration thereof, shall be, in any way or to any extent, engaged in the conduct of political activities in contravention of chap80 Stat. 403 ter 15 of title 5, Ignited States Code. 5 USC 1501 (h) The Secretary shall not provide financial assistance for any program under this title unless he determines that participants in the program will not be employed on the construction, operation, or maintenaiuM' of so much of any facility as is used or to be used for sectarian instiMiction or as a place for religious worship. SPECIAI. REPORT

gresT'''° ^°"'

^^"'^^ '•^*^'^- '^^^ Secretary shall transmit to the Congress at least annually a detailed report setting forth the activities conducted under this title, including information derived from evaluations required by this title and information on the extent to which (1) participants in such activities subsequently secure and retain public or private employment or participate in training or employability development programs, (2) segments of the population of unemployed persons are provided public service opportunities in accordance with the purposes of this title.

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PUBLIC LAW 93-203-DEC. 28, 1973 U T I L I Z A T I O N OF F U N D S

SEC. 210. Funds available under this title to an eligible applicant may, at its option, be utilized for residents of the areas of substantial unemployment designated under this title for programs authorized under title I and part A of title III of this Act. SPECIAL PROVISION

SEC. 211. The determinations to be made under section 204(c) shall take into account the rate of unemployment for a period of three consecutive months even though all or part of such period may have occurred prior to the enactment of this Act. TITLE III—SPECIAL FEDERAL RESPOXSIBILITIES PART A—SPECIAL TARGET

GROUPS

SPECIAL ] \ r A N P 0 W E R TARGET

GROUPS

SEC. 301. (a) The Secretary shall use funds available under this title to provide additional manpower services as authorized under titles I and II to segments of the population that are in particular need of such services, including youth, offenders, persons of limited Englishspeaking ability, older workers, and other persons which the Secretary determines have particular disadvantages in the labor market. The Secretary shall take into account the need for continued funding of programs of demonstrated effectiveness. (b) With respect to programs for persons of limited English-speaking ability under this Act, the Secretary shall establish appropriate procedures to ensure that participants are provided with manpower training and related assistance and supportive services (where feasible, at times designed to meet the needs of individuals unable to attend during normal working hours) designed to increase the employment and training opportunities for unemployed and underemployed persons of limited English-speaking ability, including (A) the teaching of occupational skills in the primary language of such persons for occupations which do not require a high proficiency in English, and (B) dev'eloping new employment opportunities for limited Englishspeaking persons and opportunities for promotion within existing employment situations for such j^ersons, including programs for the dissemination of appropriate information, and job placement, and counseling assistance, and the conduct of training and employment programs, in the primary language of such persons, as well as programs designed to increase the English-speaking ability of such persons. (c) With respect to programs for offenders referred to in subsection (a), the Secretary shall establish appropriate procedures to insure that participants aie provided with such manpower training and related assistance and support services (including basic education, drug addiction or dependency rehabilitation, health care and other services) which Avill enable them to secure and obtain meaningful omplo^ment. To ensure the objectives of this subsection, the Secretary may, Avherever feasible, provide for appropriate arrangements with employers and labor organizations, appropriate parole, probationary and judicial authorities, and for the utilization of training equipment comparable to that currently used for the job in which training is furnished. To support such programs, the Secretary shall develop information concerning the special needs of offenders for such services, including special studies regarding the incidence of unemployment

857

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86 Stat. 1094. 38 USC 2001. 86 Stat. 1097.

PUBLIC LAW 93-203-DEC. 28, 1973

among offenders and the means of increasino- employment opx^ortunity for offenders. (d) The Secretary shall carry out fully and effectively his responsibilities for the assignment of assistant veterans employment representatives under section 2003 of title 38, United States Code, and his other responsibilities under chapter 41 of such title and for the listing of all suitable employment openings with local offices of the State employment service by Federal contractors and subcontractors and providing for the special emphasis as required by section 2012(a) of such title. IXDIAX MANPOWER

43 USC 1601

[87 STAT.

PROGRAMS

SKV. 302. (a) The Congress finds that (1) serious unemployment and economic disadA'antage exist among members of Indian and Alaskan native communities; (2) there is a compelling need for the establishment of comprehensive manpower training and employment programs for members of those communities; (3) such programs are essential to the reduction of economic disadvantage among individual members of those communities and to the advancement of economic and social development in these communities consistent with their goals and life styles. (b) The Congress therefore declares that, because of the special relationship between the Federal Government and most of those to be served by the provisions of this section, (1) such programs can best be administered at the national level; (2) such programs shall be available to federally recognized Indian tribes, bands, and individuals and to other groups and individuals of native American descent such as, but not limited to, the Lummis in Washington, the Menominees in Wisconsin, the Klamaths in Oregon, the Oklahoma Indians, the Passamaquoddys and Penobscots in Maine, and Eskimos and Aleuts in Alaska; (3) such programs shall be administered in such a manner as to maximize the Federal commitment to support growth and development as determined by representatives of the communities and groups served by this part. (c)(1) I n carrying out his responsibilities under this section, the Secretary shall, wherever possible, utilize Indian tribes, bands or groups (including Alaska Native villages or groups as defined in the Alaska Native Claims Settlement Act of December 18, 1971 (85 Stat. C)S8)) having a governing body, for the provision of manpower services under this title. When the Secretary determines that sudi tribe, band, or group has demonstrated the capability to effectively administer a comprehensive manpower program, he shall require such tribe, band, or group to submit to him a comprehensive plan meeting the requirements of section 105. (2) In carrying out his responsibilities under this section the Secretary shall make arrangements with prime sponsors and organizations (meeting requirements prescribed by the Secretary) serving non-reservation Indians for programs and projects designed to meet the needs of such Indians for employment and training and related services. (d) Whenever the Secretary determines not to utilize Indian tribes, bands, or groups for the provisions of manpower services under this section, he shall, to the maximum extent feasible, enter into arrangements for the provision of such services with public or private nonprofit agencies which meet with the approval of the tribes, bands, or groups to be served. (e) The Secretary is directed to take appropriate action to establish administrative procedures and machinery (including personnel having particular competence in this field) for the administration of Indian manpower programs authorized under this Act.

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(f) Funds available for this section shall be expended for programs and activities consistent with the purposes of this part, including but not limited to such programs and activities carried out by eligible applicants under other provisions of this Act. (g) For the purpose of carrying out this section, the Secretary shall reserve from funds available for this title an amount equal to not less than 4 percent of the amount allocated pursuant to section 103(a)(1). (h) No provision of this section shall abrogate in any way the trust responsibilities of the Federal Government to Indian bands or tribes. M I G R A N T AND SEASONAL F A R M W O R K E R M A N P O W E R PROGRAMS

SEC. 303. (a) The Congress finds and declares that— (1) chronic seasonal unemployment and underemployment in the agricultural industry, substantially affected by recent advances in technology and mechanization, constitute a substantial portion of the Nation's rural manpower problem and substantially affects the entire national economy; (2) because of the special nature of certain farmworker manpower problems such programs can best be administered at the national level. (b)(1) Funds available for this section shall be expended for programs and activities consistent with the purposes of this section, including but not limited to progiams and activities carried out b}' eligible applicants under other provisions of this Act. (2) For the purpose of carrying out this section, the Secretary shall T-eserve from funds available for this title an amount equal to not less than 5 percent of the amount allocated pursuant to section 103(a)(1). Y O U T H PROGRAMS AND OTHER SPECIAL PROGRAMS

SEC. 304. (a) The Secretary may provide financial assistance in urban and rural areas, including areas having large concentrations or proportions of low-income, unemployed persons, and rural areas having substantial outnrigration to urban areas, for comprehensive work and training programs, and necessary supportive and follow-up services, irrcluding the following: (1) programs to provide part-time employment, on-the-job training, and useful wor-k exper-ience for students from low-income families who are in the nirrth through twelfth grades of school (or are of an age equivalent to that of students in such grades) and who are in need of the earnings to permit them to r-esume or maintain attendance in school; (2) programs to provide imemployed. underemployed, or lowincome per-sons (aged sixteen and over) with useful work and training (which must include sufficient basic education and institutional or on-the-job training) designed to assist those persons to develop their maximum occupational potential and to obtain regular competitive employment; (3) jobs, including those in recreation and related programs, for economically disadA'antaged youths during the summer months; (4) special programs which involve work activities directed to the needs of those chronically unemployed poor who have poor employment prospects and are unable, because of age, lack of employment opportunit}-, or otherwise, to secure appr-opr-iate employment or tr-aining assistance under other progranrs, and which, in addition to other services provided, will enable such persons to participate in projects for the betterment, physical

859

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PUBLIC LAW 93-203-DEC. 28, 1973

[87 STAT.

improvement, or beautification of the community or areas served by the program; (5) special programs which provide unemployed or low-income persons with jobs leading to career opportunities, including new types of careers, in programs designed to improve the physical, social, economic, or cultural condition of the community or area served; (6) special services, when required, for middle-aged and older men and women, including recruitment, placement, and counseling for such persons who are unemployed as a result of the closing of a plant or factory or a permanent large-scale reduction in the work force of a locality, and provide grants to or contracts with prime sponsors to assist such sponsors in securing parttime or temporary employment for middle-aged and older persons; and (7) other manpower programs conducted by community-based organizations. (b) To the maximum extent feasible, programs or components of programs conducted under this section shall be linked to comprehensive work and training programs conducted by prime sponsors under title I of this Act, but the Secretary may provide financial assistance to a public agency or private organization other than a prime sponsor to carry out one or more component programs described in subsection (a) when he determines, after soliciting and considering comments of the appropriate prime sponsor, if any, that such assistance would enhance program effectiveness. I n the case of programs under subsection (a)(1) of this section, financial assistance may be provided directly to local or State education agencies, after consultation with the Secretary of Health, Education, and Welfare, for the operation of such programs. C O N S U L T A T I O N W I T H SECRETARY OF H E A L T H, E D U C A T I O N, A N D W E L F A R E

SEC, 306. The Secretary of Labor 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 State educational agencies with respect to education services. Such services include but are not limited to basic or general education; educational programs conducted for offenders; institutional training; health care, child care, and other supportive services; and new careers and job restructuring in the health, education, and welfare professions. When the Secretary of Labor arranges for the provision of basic education and vocational training directly, pursuant to the provisions of this title, he shall obtain the approval of the Secretary of Health, Education, and Welfare for such arrangements. PART B—KESEARCH, TRAINING, AND EVALUATION RESEARCH

SEC. 311. (a) To assist the Nation in expanding work opportunities and assuring access to those opportunities for all who desire it, the Secretary shall establish a comprehensive program of manpower research utilizing the methods, techniques, and knowledge of the behavioral and social sciences and such other methods,, techniques, and knowledge as will aid in the solution of the Nation's manpower problems. This program will include, but not be limited to, studies, the findings of which may contribute to the formulation of manpower policy; development or improvement of manpower programs; increased

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861

knowliMloe about labor market proct^sses: rcMluction of unciupJoymeiit and its relationships to price stability; promotion of more effective manpower de\elopment, training, and utilization; impro\ed national, regional, and local means of measuring future labor demand and supply; enhancement of job opportunities; skill training to qualify employees for positions of greater skill, responsibility, and remuneration; meeting of manpower shortages; easing of the transition from school to work, from one job to another, and from work to retirement, opportunities and services for older persons who desire to enter or reenter the labor force, and for improvements of opportunities for employment and advancement through the reduction of discrimination and disad\antage arising from poAerty, ignorance, or prejudice. (b) The Secretary shall establish a program of experimental, devel- Experimental opmental, demonstration, and pilot projects, through grants to or con- P'""^''^'"tracts with public or private non-profit organizations, or through contracts with other private organizations, for the purpose of improving techniques and demonstrating the effectiveness of specialized methods in meeting the manpower, employment, and training problems, however, nothing in this subsection shall authorize the Secretary to carry out employment programs experimenting with subsidized wages in the private sector or with wages less than those established by the Fair Labor Standards Act of 19;58. as amended, for employ- 52 Stat. loiso. ment sub]ect to that Act. I n carrying out this subsection with respect to programs designed to provide employment and training opportunities for low-income people, the Secretary shall consult with such other agencies as may be appropriate. Where programs under this section require institutional training, appropriate arrangements for such training shall be agreed to by the Secretary of Labor and the Secretary of Health, Education, and Welfare. (c) The Secretary is authorized to conduct, either directly or by j^^^'""^""" evaiuaway of contract, grant, or other arrangement, a thorough evaluation of all programs and activities conducted pursuant to this Act to determine the effectiveness of such programs and activities in meeting the special needs of disadvantaged, chronically unemployed, and lowincome persons for meaningful employment opportunities and supportive services to continue or resume their education and employment and to become more responsible and productive citizens. (d) The Secretary shall conduct such research and investigations as giA^e promise of furthering the objectives of this Act either (lirectly or through grants, contracts, or other arrangements. T.AlVOK M A R K E T STATISTICS AXD J O B B A N K

SEC. 312. (a) The Secretary shall develop a comprehensive system of labor market information on a national. State, local, or other appropriate basis, which shall be made publicly available in a timely fashion. (b) I n addition to the monthly national unemployment statistics, the Secretary shall develop reliable methods, including the use of selected sample surveys, to produce more statistically accurate data on unemployment, underemployment and labor demand by State, local, and poverty areas. (c) The Secretary shall develop preliminary data for an annual statistical measure of labor market related economic hardship in the nation. Among the factors to be considered in developing such a measure are unemployment, labor force participation, involuntary parttime employment. and full-time employment at less than poverty wafres.

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 CHAPTER X

A BAG OF TOOLS

glanced at Mr. Swift. The inventor was oblivious to his surroundings, and was busy figuring away on some paper. He seemed even to have forgotten the presence of the eccentric autoist.

"I don't want father to hear about the men," went on Tom, in a low tone. "If he hears that Happy Harry and his confederates are in this vicinity, he'll worry, and that doesn't agree with him. But are you sure the men you saw are the same ones who stole the turbine model?"

"Very certain," replied Mr. Damon. "I had a good view of them as I came from the bank, and I was surprised to see them, until I remembered that they were out of jail."

"But why do you think they pursued you?"

"Bless my eyes! I can't say. Perhaps they weren't after me at all. I may have imagined it, but they certainly hurried off in their auto Rh

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PUBLIC LAW 93-203-DEC. 28, 1973

[87 STAT.

bud°ef d^"!*^ " ^^ ^ ^'

(d) The Secretary shall develop methods to establish and maintain more comprehensive household budget data at different levels of living, including a level of adequacy, to reflect the differences of household living costs in regions and localities, both urban and rural. Sums set aside, (e) The Secretary shall set aside, out of sums available to the departcong'rTss!"^ ° mcut for any fiscal year including sums available under section 4(e) of this Act, an amount which he determines is necessary and appropriate to enable him to carry out the provisions of this section, and shall no later than sixty days after such sums are appropriated and made available notify the appropriate committees of the Congress of the amount so set aside and the basis for his determination of need and appropriateness. reTona\°co^' ^^^ '^^^^ Secretary shall report to the Senate Committee on Labor mittees. and Public Welfare and to the House Committee on Education and Labor the results of his efforts under subsections (a), (b), and (c) of this section by December 31, 1974. Job bank; match(g) xiic Secretary shall establish and carry out a nationwide com'"irtTbiTshment. puterizcd job bank and matching program (utilizing the listing of all suitable employment openings with local offices of the State employment service by Federal contractors and subcontractors and providing for the special emphasis as required by section 2012(a) of title 86 Stat. 1097.,",8, United States Code) on a regional, State, and local basis, using electronic data processing and telecommunications systems to the maximum extent possible for the purpose of identifying sources of available l)ersons and job vacancies, providing an expeditious means of matching the qualifications of unemployed, underemployed, and economically disadvantaged persons with employer requirements and job oppoitunities, and referring and placing such persons in jobs. EVALUATION

SEC. 313. (a) The Secretary shall provide for the continuing evaluation of all programs and activities conducted pursuant to this Act, including their cost in relation to their effectiveness in achieving stated goals, their impact on communities and participants, their implication for related programs, the extent to which they meet the needs of persons of various ages, and the adequacy of the mechanism for the Program compar- Jelivcry of services. l u coiulucting the evaluations called for by this isons subsection, the Secretary shall compare the effectiveness of programs conducted by prime sponsors of the same class, of different classes, and shall compare the effectiveness of programs conducted by prime sponsors with similar programs carried out by the Secretary under section 110, or muler title III. He shall also arrange for obtaining the opinions of participants about the strengths and weaknesses of the programs. Reports to (b) l u Order to enable the Secretary to measure the relative and, Secretary. whcrc prograuis Call be compared appropriately, comparative effectiveness of programs authorized under this Act and part C of title IV of 85^s 3^*80^5^^' ^^^^ Social Securit}' Act, he shall require that periodic reports be sub42 USC 630. mitted to him. Reports submitted under this subsection shall contain data which shall include information on— (1) enrollee characteristics, including age, sex, race, health, education level, and previous wage and employment experience; (2) duration in training and employment situations, including information on the duration of employment of program participants for at least a year following the termination of federally assisted programs and comparable information on other employees orti-aineesof participatingemplo3ers; and (3) total dollar cost per trainee, including breakdown between

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863

salary or stipend, training and supportive services, and administrative costs. From the information received pursuant to this section, the Secretary shall compile the information on a State, regional, and national basis. (c) The Secretary is authorized to carry out a special program to ^o'^^her's^^orec"-'* demonstrate the efficacy of providing certificates or vouchers to eco- nomicaiiy disadnomically disadvantaged, unemployed, and underemployed persons vantaged. entitling private employer's who provide employment, training, and services to each person volunteering to participate in such program to l)ayment in amounts equal to the face value of the certificate for specified periods of time during which each such person may not be fully productive. KEMOVxVL o r

A R T I F I C I A L BARRIERS TO EMPLOYMENT A N D

ADVANCEMENT

SEC. 314. The Secretary, in consultation with appropriate departments and agencies of the Federal Government, shall conduct a continuing study of the extent to which artificial barriers to employment and occupation advancement, including civil service requirements and pr'actices relating thereto, within agencies conducting programs under this Act, restrict the opportunities for employment and advancement within such agencies and shall develop and promulgate guidelines, based upon such study, setting forth recommendations for task and skill requirements for specific jobs and recommended job descriptions at all levels of employment, designed to encourage career employment and occupational advancement within such agencies. TRAINING AND TECHNICAL

ASSISTANCE

SEC. 315. The Secretary, in consultation wuth the Secretary of Health, Education, and Welfare, and other appropriate officials, where appropriate, shall provide directly or through grants, contracts, or other arrangements, preservice and inservice training for specialized, supportive, and supervisory or other personnel and technical assistance which is needed in connection with the programs established under this Act. TITLE IV—JOB CORPS S T A T E ^ I E N T OF

PURPOSE

SEC. 401. This title establishes a Job Corps for low-income disadvantaged young men and women, sets forth standards and procedures for selecting individuals as enrollees in the Job Corps, authorizes the establishment of residential and nonresidential centers in which enrollees will participate in intensive programs of education, vocational training work experience, counseling and other activities, and prescribes various other powers, duties, and responsibilities incident to the operation and continuing development of the Job Corps. The purpose of this title is to assist young persons who need and can benefit from an unusually intensive program, operated in a group setting, to become more responsive, employable, and productive citizens; and to do so in a way that contributes, wdiere feasible, to the development of National, State, and community resources, and to the development and dissemination of techniques for working with the disadvantaged that can be widely utilized by public and private institutions and agencies.

study.

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OF THE J O B

[87 STAT.

CORPS

SEC. 402. There is established within the Department of Labor a "Job Corps". I N D IV U) U A L S E L I G I B L E FOR THE J O B CORPS

SEC. 403. To become an enrollee in the Job Corps, a young man or woman must, be a person who— (1) is a' permanent resident of the United States who has attained age fourteen but not attained age twenty-two at the time of enrollment; (2) is a low-income individual or member of a low-income family who requires additional education, training, or intensive counseling and related assistance in order to secure and hold meaningful employment, participate successfully in regular schoolwork, qualify for other training programs suitable to his needs, or satisfy Armed Forces requirements; (3) is currently living in an environment so characterized by cultural deprivation, a disruptive homelife, or other disorienting conditions as to substantially impair his prospects for successful participation in any other program providing needed training, education, or assistance; (4) is determined, after careful screening as provided for in sections 404 and 405, to have the present capabilities and aspirations needed to complete and secure the full benefit of the program authorized in this title, and to be free of medical and behavioral problems so serious that he could not or would not be able to adjust to the standards of conduct and discipline or pattern of work and training which that program involves; and / (5) meets such other standards for enrollment as the Secretary may prescribe (including special standards for the enrollment on a residential basis of 14 and 15 year olds) and agrees to comply with all applicable Job Corps rules and regulations. S(KKEN1N(J AND SEJ-ECTION OF A P P L I C A N T S

Rules.

GENERAL PROVISIONS

^K(-. 404. (a) The Secretary shall prescribe necessary rules for the s(reening and selection of applicants for enrollment in the Job Corps. To the extent practicable, I'ules established under this section shall be implemented through arrangements which make use of agencies and organizations such as comnuinity action agencies, public employment offices, professional groups, and labor organizations. The rules shall <'Stablish specific standards and procedures for conducting screening and selection activities; shall encourage recruitment through agencies and individuals having contact with youths over substantial periods of time and able, accordingly, to offer reliable information as to their needs and problems; and shall provide for necessary consultation with other individuals a]id organizations, including court, probation, parole, law enforcement, education, welfare, and medical authorities and advisers. The rules shall also provide for— (1) the interviewing of each applicant for the purpose of— (A) determining whether his educational and vocational needs can best be meet through the Job Corps or any alternative program in his home community; (B) obtaining from the applicant pertinent data relating to his background, needs, and interests for evaluation in determining his eligibility and potential assignment; and (C) giving the applicant a full understanding of the Job

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PUBLIC LAW 93-203-DEC. 28, 1973

Corps program and making clear what Avill be exjiected of him as an enrollee in the event of his acceptance; and (2) the conduct of a careful and systematic inquiry concerning the applicant's background for the effective dcAelopment and, as appropriate, clarification of information concerning his age, citizenship, school and draft status, health, employability, past behavior, family income. euAironment, and other matters related to a determination of his eligibility. (b) The Secretary shall make no payments to any individual or organization solely as compensation for the service of referring the names of candidates for enrollment in the Jobs Corps. (c) The Secretary shall take all necessary steps to assure that the enrollment of the Job Corps includes an appropriate mmiber of candidates selected from rural areas, taking into account the proportion of eligible youth who reside in rural areas and the need to provide residential facilities for such youth in order to meet problems of wide geographic dispersion. SCKEEXIXG

AXD SELECTION—SPECIAL

865

Rural area candidates.

LIMITATIOXS

SEC. 405. (a) Xo individual shall be selected as an enrollee unless it is determined that there is reasonable expectation that he can participate successfully in group situations and activities with other enrollees, that he is not likely to engage in actions or behavior that would prevent other enrollees fiom receiving the benefit of the program or be incompatible with the maintenance of sound discipline and satisfactory relationships between any center to which he might be assigned and surrounding communities, and that he manifests a basic understanding of both the rules to which he will be subject and of the consequences of failure to observe those rules, l^efore selecting an individual who has a history of serious and violent behavior against persons or property, repetitive delinquent acts, narcotics addiction, or other major behavioral aberrations, the Secretary of Labor shall obtain a finding from a professionally ([ualified person who knows such potential enrollee's individual situation that there is reasonable expectation that his conduct will not be inimical to the goals and success of the Job Corps and that the opportunity provided by the Job Corps Avill help him to overcome his problem. (b) A n individual who otherwise qualifies for enrollment may be Par°iees. selected even though he is on probation or parole, but only if his release from the innnediate supervision of the cognizant probation or parole officials is nnitually satisfactory to those officials and the Secretary, does not violate applicable hiws or regulations, and if the Secretary has arranged to provide all supervision of the individual and all rejwrts to State or other authorities that may be necessary to comply with applicable probation or parole requirements. E X K O L L M E X T AX'I) A S S K J X M E X T

SEC. 406, (a) Xo individual may be enrolled in th(^ Job Corps for more than two years, except as the Secretary may authorize in special cases. (b) Enrollment in the J o b Corps shall not relieve any individual of obligations under the Military Selective Service Act (50 U.S.C. A p p. 451 e t s e q.).

62 Stat. 604;

(c) Each enrollee (other than a native and citizen of Cuba described oatTreqiirein section 609(3) of the Economic Opportunity Act of 1964 or a per- "^^"t. manent resident of the Trust Teri-itory of the Pacific Islands) must 42 USC 2949. take and subscribe to an oath or affirmation in the following form: 'T do solemnly swear (or affirm) that I bear true faith and allegiance

22-150 0 - 7 5 - 5 7

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Page:United States Statutes at Large Volume 87.djvu/898

 866

62 Stat. 749. Assignment to contiguous a r e a s.

Assignment to remote a r e a s.

Male e n r o l l e e s.

PUBLIC LAW 93-203-DEC. 28, 1973

[87

STAT.

to the United States of America and will support and defend the Constitution and laws of the United States against all its enemies foreign and domestic.'* The provisions of section 1001 of title 18, United States Code, shall be applicable to this oath or affirmation. (d) After the Secretary has determined whether an enrollee is to be assigned to a men's training center, a conservation center, or a women's training center, the enrollee, shall be assigned to the center of the appropriate type in which a vacancy exists which is closest to the enrollee's home, except that the Secretary, on an individual basis, may waive this requirement when overriding considerations justify such action. Assignments to centers in areas more remote from the enrollee's home shall be carefully limited to situations in which such action is necessary in order to insure an equitable opportunity for disadvantaged youth from various sections of the country to participate in the program, to prevent undue delays in the assignment of individual enrollees, to provide an assignment which adequately meets the educational or other needs of the enrollee or is necessary for efficiency and economy in the operation of the program. (e) Assignments of male enrollees shall be made so that, at any one time, at least 40 per centum of those enrollees are assigned to conservation centers as described in section 407, or to other centers or projects where their work activity is primarily directed to the conservation, development, or management of public natural resources or recreational areas and is performed under the direction of personnel of agencies regularly responsible for the functions relating to such r-esources or areas. ,)1'. CORPS CENTKKS

Civilian Conservation Center s.

SKC. 407. (a) The Secretary may make agreements with Federal, State, oi- local agencies, or private organizations for the establishment and operation of Job Corps centers. Job Corps centers may be residential or nonresidential in character, or both, and shall be designed and operated so as to provide enrollees, in a well-supervised setting, with education, vocational training, work experience (either in direct program activities or through arrangemeiits with employers), counseling, and other services appropriate to their needs. The centers shall include conservation centers, to be known as Civilian Conservation Centers, to be located primarily in rural areas and to provide, in addition to other training and assistance, programs of work experience focused upon activities to conserve, develop, oi' manage public natural resources or public recreational areas or to assist in developing community projects in the public interest. The centers shall also include men's and women's training centers to be located in either urban or rural areas and to provide activities which shall include training and other services appro{)riate for enrollees who can be expected to participate successfully in training for specific types of skilled or semiskilled employment. (b) To the extent feasible, men's and women's training centers shall oll'er education and vocational training opportunities, together with supportive services, on a nonresidential basis to participants in programs described in title I of this Act. Such opportunities may be offered on a reimbursable basis or through such other arrangements as the Secretary niay specify. 'lUXJRAil -VCTIVITIKS

SEC. 408. (a) Each Job Corps center shall be operated so as to provide enrollees with an intensive, well-organized and fully supervised program of education, vocational training, work experience, planned avocational and recreational activities, physical rehabilitation and development, and counseling. To the fullest extent feasible, the required

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Page:United States Statutes at Large Volume 87.djvu/899

 87

STAT.]

PUBLIC LAW 93-203-DEC. 28, 1973

program for each enro]]ee sluill incUide uctivitios designed to assist him in choosing realistic career goals, coping with problems he may encounter in his home comnumity or in adjusting to a new community, and planning and managing his daily affairs in a manner that will best contribute to a long-term upward mobility. Center programs shall include required participation in center maintenance support and related work activity as appropriate to assist enrollees in increasing their sense of contribution, responsibility, and discipline. (b) To the extent practicable, the Secretary may arrange for enrollee education and vocational training through local public or private educational agencies, vocational educational institutions, or technical institutes Avhere such institutions or institutes can provide training comparable in cost and substantially equivalent in quality to that which he could provide through other means. (c) Arrangements for education shall, to the extent feasible, provide opportunities for qualified enrollees to obtain the equivalent of a certificate of graduation from high school. The Secretary, with the concurrence of the Secretary of Health, Education, and Welfare, shall develop certificates to be issued to enrollees who have satisfactorily completed their services in the Job Corps and which will reflect the enrollee's level of educational attainment. (d) The Secretary shall prescribe regulations to assure that Job Corps work-experience programs or activities do not displace presently employed workers or impair existing contracts for service and will be (Coordinated with other work-experience programs in the community.

Education and vocational training.

Certificates,

Coordination with community work-experience programs. Regulations.

ALLOWANCES A N D SUPPORT

SEC. -1:09. (a) The Secretary may provide enrollees with such personal, travel and leave allowances, and such quarters, subsistence, transportation, equipment, clothing, recreational services, and other expenses as he may deem necessary or aj^propriate to their needs. Personal allowances shall be established at a rate not to exceed $35 per jnonth during the first six months of an enrollee's participation in the program and not to exceed $50 per month thereafter, except that allowances in excess of $35 per month, but not exceeding $50 per month, may be provided from the beginning of an enrollee's participation if it is expected to be of less than six months' duration and the Secretary is authorized to pay personal allowances in excess of the rates specified herein in unusual circumstances as determined by him. Such allowances shall be graduated up to the maximum so as to encourage continued participation in the program, achievement and the best use by the enrollee of the funds so provided and shall be subject to reduction in appropriate cases as a disciplinary measure. To the degree reasonable, enrollees shall be required to meet or contribute to costs associated with their individual comfort and enjoyment from their personal allowances. (b) The Secretary shall prescribe specific rules governing the accrual of leave by enrollees. Except in the case of emeroency, he shall in no event assume transportation costs connected with leave of any enrollee Avho has not completed at least six months service in the Job Corps. (c) The Secretary may provide each former enrollee upon termination, a readjustment allowance at a rate not to exceed $50 for each month of satisfactory participation in the Job Corps. No enrollee shall be entitled to a readjustment allowance, however, unless he has remained in the program at least ninety days, except in unusual circumstances as deteimined by the Secretary. The Secretary may, from time to time, advance to or on behalf of an enrollee such portions of his

Limitations.

Enrollee contributions.

L e a v e accrual rules.

Readjustment allowance.

Advancement or reduction.

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Page:United States Statutes at Large Volume 87.djvu/900

 868

80 Stat. 495.

PUBLIC LAW 93-203-DEC. 28, 1973

[87

STAT.

I'eadjustment allowances as the Secretary deems necessary to meet extraordinary financial obligations incurred by that enrollee; and he may also, pursuant to rules or regulations, reduce the amount of an enrollee's readjustment allowance as a penalty for misconduct during participation in the Job Corps. I n the event of an enrollee's death during his period of service, the amount of any unpaid readjustment allowance shall be paid in accordance with the provisions of section 5582 of title 5, United States Code. (d) Under such circumstances as the Secretary may determine, a portion of the readjustment allowance of an enrollee not exceeding $25 for each month of satisfactory service may be paid during the period of service of the enrollee directly to a spouse or child of an enrollee or to any other relative who draws substantial support from the enrollee, and any sum so paid shall be supplemented by the payment of an equal amount by the Secretary. STANDARDS OF CONDUCT

Violations, penalties.

SEC. 410. (a) Within Job Corps centers standards of conduct and depoi-'tment shall be provided and stringently enforced. In the case of violations committed by enrollees, dismissals from the Corps or transfers to other locations shall be made in every instance where it is determined that retention in the Corps, or in the particular Job Corps center, will jeopardize the enforcement of such standards of conduct and deportment or diminish the opportunity of other enrollees. (b) In order to promote the proper moral and disciplinary conditions in the Job Corps, the individual directors of Job Corps centers shall be given full authority to take appropriate disciplinary measures against enrollees including, but not limited to, dismissal from the Job Corps, subject to expeditious appeal procedures to higher authority, as provided under regulations established by the Secretary. COMMUNITY

Community advisory c o u n c i l s.

Rules.

PARTICIPATION

SEC. 41L The Secretary shall encourage and shall cooperate in activities designed to establish a mutually beneficial relationship between Job Corps centers and surrounding or nearby communities. These activities shall include the establishment of community advisory councils to provide a mechanism for joint discussion of common problems and for planning programs of mutual interest. Whenever possible, such advisory councils shall be formed by and coordinated under the local community action agency. Youth participation in advisory council affairs shall be encouraged and where feasible separate youth councils may be established, to be composed of representative enrollees and representative young people from the communities. The Secretary shall establish necessary rules and take necessary action to assure that each center is operated in a manner consistent with this section with a view to achieving, so far as possible, objectives which shall include— (1) giving community officials appropriate advance notice of changes in center rules, procedures, or activities that may affect or be of interest to the community; (2) affording the community a meaningful voice in center affairs of direct concern to it, including policies governing the issuance and terms of passes to enrollees; (3) providing center officials with full and rapid access to relevant community groups and agencies, including law enforcement agencies and agencies which work with young people in the community; (4) encouraging the fullest practicable participation of enrollees in programs or projects for community improvement or

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PUBLIC LAW 93-203-DEC. 28, 1973

869

betterment, with adequate advance consultation with business, labor, professional, and other interested community groups and organizations; (0) arranging recreational, athletic, or similar events in which enrollees and local residents may participate together; (6) providing community residents with opportunities to work with enrollees directly, as part-time instructors, tutors, or advisers, either in the center or in the community; (7) developing, where feasible, job or career opportunities for eni"ollees in the community; and (8) promoting interchanges of information and techniques among, and cooperative projects involving, the center and community schools, educational institutions, and agencies serving young people. COFXSEIJXO

VXD J O B

PLACEMENT

(a) The Secretary shall provide for the counseling and resting of each enrollee at regular intervals to follow his progress in educational and vocational programs, (b) The Secretary shall counsel and test each enrollee prior to his scheduled termination to determine his capabilities and shall place him in a job in the vocation for which he is trained and in which he is likely to succeed, or shall assist him in attaining further training or education. In placing enrollees in jobs, the Secretary shall utilize the United States Employment Service to the fullest extent possible. (c) The Secretary of Labor shall make arrangements to determine the status and progress of terminees and to assure that their need for fuither education, training, and counseling are met. (d) Upon termination of an enrollee's training, a copy of his pertinent records, including data derived from his counseling and testing, other than confidential information, shall be made available immediately to the Department of Labor and the Office of Economic Opportunity. (ej The Secretary shall, to the extent feasible in accordance with section 87(b) of the Economic Opportunity Act of 1964, arrange for the readjustment allowance provided for in section 409(c) of this Act, less any sums already paid pursuant to subsection (d) of that section, to l>e paid to former enrollees (who have not already found employment) at the public employment service office nearest the home of any any such former enrollee if he is returning to his home, or at the nearest such office to the community in which the former enrollee has indicated an intent to reside. The Secretary shall make arrangements by which public employment service officers wll maintain records regarding former enrollees who are thus paid at such offices including information as to— (1) the number of former enrollees who have declined the offices* help in tinding a job; (2) the number who were successfully placed in jobs without further education or training; (3) the number who were found to require further training before being placed in jobs and the types of training programs in which they participated; and (4) the number who were found to require further remedial or basic education in order to qualify for training programs, together with information as to the types of programs for which such former enrollees were found unqualified for enrollment. If the Secretary deems it advisable to utilize the services of any other public or private organization or agency in lieu of the public employment office, lie shall arrange for that organization or agency to make SEC.

A:\-2.

Training records, Labor Department and OEO. aifo^^a'tlce!"'^"' si Stat. 720. 42 USC 2979.

fo^^°etro°iees

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Page:United States Statutes at Large Volume 87.djvu/902

 870

Copies to Secretary.

PUBLIC LAW 93-203-DEC. 28, 1973

[87 STAT.

iliG payiiuMit. of the i\'iuljiistiiu'iit iillowiuuv and iiiainraiu the same types of records ivgardino- fonner eiirollees as are hereiu specified for niaintenance by public employment sej\ice offices, and shall furnisli copies of such records to the Secretary. In the case of eiirollees who are placed in jobs by the Secretary prior to the termination of their participation in the fFob Corps, the Secretary shall maintain records providing- pertinent placement and follow-nj) information. KV.VIA'ATIOX: KXl'KKIMKXTAL A M) l)KVKr/>r:\M-:X'rAL PHOJKCTS

SKO. 418. (a) The Secretary shall provide for the carefid and systematic evalnation of the Job Corps program. directly or by contracting for independent eAalnations, with a \ie\v to measuring specific benefits, so far as pi-acticable. and providing information needed to assess the effectiveness of program procedures, policies, and methods of operation. In particular, this evaluation shall seek to determine the costs and benefits resulting from the use of residential as opposed to nonresidential facilities, from the use of facilities combining residential and nonresidential components, f I'om the use of centers with large
 * is opposed to small enrollments, and from the use of dirt'erent types

of program sponsors, including public agencies, institutions of higher education, boards of education, and private corporations. The evaluation shall also include comparisons with pi'0pe]- control groups composed of persons who have not participated in the program. In cari-ying out such evaluations, the Secretary shall arrange for obtaining the opinions of participants alxmt the strengths and weaknesses of the program and shall consult with other agencies and officials in order to compare the relative effectiveness of.lob Corps techniques with those used in other programs, and shall endeavor to secure, through employers, schools, or other Government and private agencies specific informationconcerning the residence of former eni-ollees, their employment status, compensation, and success in adjusting to community life. The Secretary shall also secure, to the extent feasible, similar information directly from enrollees at appropriate intervals following Annual report tluMi' comjiletion of the Jol) Corps program. The results of such evaluasummary, pubiica- ^-^^^^ gljall be publislied aiul shall be summarized in the annual report of the Secretary. tr^cTs"*^^ °'^ '^°^' ^^^^ '^'^^ Secretary may undertake or make grants or contracts for experimental, research, or demonstration projects directed to developing or testing ways of seoiring the better use of facilities, of encouraging a more rapid adjustment of enrollees to comumnity life that will permit a reduction in the period of tlieii- eni-ollment. of leducing transportation ami suppoit costs, or of otherwise promoting greater efficiency and effectiveness in the program authorized under this part. These projects shall include one or more projects providing youths with education, ti-aining. and other supportive services on a combined Pilot projects. I'esideiitial and nonresidential basis. The Secretary may, if he deems it advisable, undertake one or more pilot projects designed to involve youth who h a \ e a history of serious and violent behavior against persons or property, repetitive delinquent acts, narcotics addiction, or Consultation other behavloral aberrations. Projects under this subsection shall be Trai o°r s^tate^gen- <leveloped after appj'opriate consultation with other Federal or State agencies conducting similar or related programs or projects and with cies. the prime sponsors, in the communities where the projects will be carried out. They may be undertaken jointly with other Federal or federally assisted programs, and funds otherwise a^•ailable for activities under those programs shall, with the consent of the head of any agency concerned, be available to projects under this section to the extent they include the same or substantially similar activities. The Secretary may wai\e any pi-ovision of this title which he finds would

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 87 STAT. ]

PUBLIC LAW 93-203-DEC. 28, 1973

871

prevent the cariying out of elements of projects under this subsection essential to a determination of their feasibility and usefulness. He ^^^^°''^'° ^'°"" shall, in the annual report of the Secretary, report to the Congress concerning the actions taken under this section, including a full description of progress made in connection with combined residential and nonresidential projects. (c) I n order to determine whether upgraded Aocational education Model community schools could eliminate or substantially reduce the school dropout prob- uon^l'choois! "''^" lem, and to demonstrate how communities could make maximum utilization of existing educational and training facilities, the Secretary in cooperation with the Commissioner of Education, shall enter into one or more agreements with State educational agencies to pay the cost of establishing and operating model comnnuiity vocational education schools and skill centers. Such facilities shall be centrally located in an urban area having a high dropout rate, a large number of unemployed youths, and a need in the area for a combination vocational school and skill center. No such agreement shall be entered into unless it contains provisions designed to assure that— (1) a job survey be made of the area; (2) the training program of the school and skill center reflect the job market needs as projected by the survey; (3) an advisory committee composed of representatives of business, labor, education, and community leaders be formed to follow the center's activities and to make periodic recommendations regarding its operation; (4) arrangements ha^-e been worked out with schools in the area and the administrator of the skill center for maximum utilization of the center both during and after school hours; and (5) such accounting and evaluation procedures as the Secretary and the Commissioner of Education deem necessary to carry out the purpose of this project will be provided. ADVISORY BOARDS AXD COMMITTKKS

SKC. 414. The Secretary shall make use of adAisory committees or boards in connection with the operation of the Job Corps, and the operation of Job Corps centers, whenever he determines that the availability of outside advice and counsel on a I'egular basis would be of substantial benefit in identifying and overcoming problems, in planning program or center development, or in streng-thening relationships between the Job Corps and agencies, institutions, or groups engaged in related activities. Nothing in this section shall be considered as limiting the functions of the National Advisory Council, established pursuant to section (>05 of the Jx'onomic pportunity Act of 1964. with respect to any matter or question involving the Job Corps; but this shall not prevent the establishment through or in cooperation with the National Advisory Council of one or more boards or committees under this section. r A R T l f l l ' A T I O X OF THE

STATES

SEC. 415. (a) The Secretary shall take necessary action to facilitate the efiVctive participation of States in the Job Coips program, including, but not limited to. consultation with appropriate State agencies on matters pertaining to the enforcement of applicable State laws, standards of enrollee conduct and discipline, the development of meaningful work experience and other activities for enrollees, and coordination with State-operated programs.

^° ^tat. 1459.

42 USC 2945.

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Rh as soon as I left the bank, after leaving my money there. I'm glad I deposited it before I saw them. I was so nervous, as it was, that I couldn't steer straight. It's too bad, the way I've damaged your house."

"That doesn't matter. But how about the trip in the airship? I hope you meant it when you said you would go."

"Of course I did. I've never traveled in the air, but it can't be much worse than my experience with my motor-cycle and the auto. At least I can't run up any stoop, can I?" and Mr. Damon looked at Mr. Sharp.

"No," replied the aeronaut, as he scratched his head, "I guess you'll be safe on that score. But I hope you won't get nervous when we reach a great height."

"Oh, no. I'll just calm myself with the reflection that I can't die but once," and with this philosophical reflection Mr. Damon went back to look at the auto, which certainly looked odd, stuck up on the veranda.

"Well, you'd better make arrangements to go with us then," went on Tom. "Meanwhile I'll see to getting your car down. You'll want to send it home, I suppose?"

"No, not if you'll keep it for me. The fact is that all my folks are away, and will be for

title: Page:Tom Swift and His Airship.djvu/105


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Page:United States Statutes at Large Volume 87.djvu/904

 872 state-operated programs, assistance.

J o b Corps Center plan, submittal to Governor.

PUBLIC LAW 93-203-DEC. 28, 1973

[87

STAT.

(b) The Secretary may enter into agreements with States to assist in the operation or administration of State-operated programs which carry out the purpose of this part. The Secretary may, pursuant to regulations, pay part or all of the operative or administrative costs of such programs. (c) Xo Job Corps center or other similar facility designed to carry out the purpose of this Act shall be established within a State unless a plan setting j:'orth such proposed establishment has been submitted to the Governor, and such plan has not been disapproved by him within 30 days of such submission. A P r L I C A T I O X OF TROVISIOXS OF FEDERAL L A W

82 Stat. 1313.

68A Stat. 3. 70 Stat. 819.

"Employee.' 80 Stat. 532. 5 USC 8101.

"Performance of duty."

Disability or death compensation. 5 USC 5332 note. 80 Stat. 540.

62 Stat. 982. 28 USC 2671.

80 Stat. 306. Detailed personnel.

SEC. 416. (a) Except as otherwise specifically provided in the following paragraphs of this subsection, and in section 8143(a) of title 5, United States Code, enrollees in the Job Corps shall not be considered Federal employees and shall not be subject to the provisions of law I'clating to Federal employment including those regarding hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits: (1) For purposes of the Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.) and title II of the Social Security Act (42 U.S.C. 401 et seq.), enrollees shall be deemed employees of the United States and any service performed by an individual as an enrollee shall be deemed to be performed in the employ of the United States. (2) For purposes of subchapter I of chapter 81 of title 5 of the United States Code (relating to compensation to Federal employees for work injuries), enrollees shall be deemed civil employees of the United States within the meaning of the term "employee" as defined in section 8101 of title 5, United States Code, and the provisions of that subchapter shall apply except as follows: (A) The term "performance of duty" shall not include any act of an enrollee while absent from his or her assigned post of duty, except while participating in an activity (including an activity while on pass or during travel to or from such post of duty) authorized by or under the direction and supervision of the Job Corps; (B) In computing compensation benefits for disability or death, the monthly pay of an enrollee shall be deemed that received under the entrance salary for a grade GS-2 employee, and sections 8113 (a) and (b) of title 5, United States Code, shall apply to enrollees; and (C) Compensation for disability shall not begin to accrue until the day following the date on which the injured enrollee is terminated. (3) For purposes of the Federal tort claims provisions in title 28, Ignited States Code, eni-ollees shall be considered employees of the Government. (b) Whenever the Secretary finds a claim for damage to persons or property resulting from the operation of the Job Corps to be a proper charge against the United States, and it is not cognizable under section 2672 of title 28, United States Code, he may adjust and settle it in an amount not exceeding $500. (c) Personnel of the uniformed services who are detailed or assigned to duty in the performance of agreements made by the Secretary for the support of the Corps shall not be counted in computing strength under any law limiting the strength of such services or in computing the percentage authorized by law for any grade therein.

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Page:United States Statutes at Large Volume 87.djvu/905

 87 STAT. ]

PUBLIC LAW 93-203-DEC. 28, 1973

873

SPECIAL I. I M I T A ' J I O X S

SEC. 417. (a) The Secretary shall not use any funds made available to carry out this part for the fiscal year ending June 30, 1968, in a manner thkt will increase the residential capacity of Job Corps centers above forty-five thousand enrollees. (b) The Secretary shall take necessarv action to assure that on or „,^°"!^" ^"""": ^

•

„

,

T

"i

/.

-I- 1

/^

M

ees, percentage.

before June 30. 1968. of the total number of Job Corps enrollees receiving- training- at least 25 per centum shall be women. The Secretary shall immediately take steps to achieve an enrollment ratio of 50 per centum women enrollees in training in the Job Corps consistent with (1) efficiency and economy in the operation of the program, (2) sound administrative practice, and (3) the socioeconomic, educational, and training needs of the population to be served. (c) The Secretaryshall take necessar}^ action to assure that for any fiscal year the direct operating costs of Job Corps centers which have been in operation for more than nine months do not exceed $6,900 per enrol lee. (d) The Secretary shall take necessar}- action to assure that all stvulies. evaluations, pioposals. and data produced or developed with Federal funds in the course of the operation of any conservation or training center shall become the property of the United States. I ' O E r i l C A E DISCKI-AEIXATIOX AXD POLITICAL ACTIVITY

SEC. 418. (a) Xo officer or employee of the executive branch of the Federal (jlovermiient shall make any inquiry concerning the political iiffiliation or Ix'liefs of any enrollee or applicant for enrollment in the C'ori)S. All disclosures concerning such matters shall be ignored, except as to such uiembership in political parties or organizations as constitutes by law a disqualification for Government employment. Xo discrimination shall be exercised, threatened, or promised by any person in the executive branch of the Federal Government against or in favor of any enrollee in the Corps, or any applicant for enrollment in the Corps because of his political affiliation or beliefs, except as may be specificall}' authorized or required by law. (b) Xo officer, employee,, or enrollee of the Corps shall take any active part in political management or- in political campaigjis, except as may be proxided by or pursuant to statute, and no such officer, cmployee. or enrollee shall use his official position or influence for the purpose of interfering with an election or affecting the I'esult thereof. All such persons shall retain the right to vote as they may choose and to express, in theii- pi-ivate capacities, their opinions on all political ^:ubjects and candidates. Any officer, employee, enrollee, or other Fed- solicitation of era] employee who solicits funds for political purposes from members ^i^nl'.''^' contnbuof the Corps shall be in violation of section 602 of title 18, United States Code. ^2 Stat. 722. (c) Whenever the Ignited States Civil Service Connnission finds „„Yi°l,^*'°"^' penalty. that any person has violated the provisions of this section, it shall, after giving due notice and 0pportunity foi- explanation to the officer or employee or enrollee concerned, certify the facts to the Secretary with specific instructions as to discipline or dismissal or other corrective actions. ADIMIXLSTRA'IIVE I'KOMSIOXS

SEC. 419. (a) In carrying out the provisions of this title, the Secretary shall have the same powerS as the Director of the Office of

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Page:United States Statutes at Large Volume 87.djvu/906

 874

PUBLIC LAW 93-203-DEC. 28, 1973

[87 STAT.

Kconomic Opportunity under section 602 of the Economic Opportu78 Stat. 528;

u i t j Act of 1964.

42 USC 2942.

(b) The provisions of section 603 of this Act shall apply to this title only to the extent that such provisions are consistent with the provisions of this title. TITLE V—NATIONAL COMMISSION FOR M A N P O W E R POLICY n X D IX G S A N D DECLARATION OF PURPOSE

SEC. 501. (a) The Congress finds and declares that the responsibility for the development, administration, and coordination of programs of training and manpower development generally is so diffused and fragmented at all levels of government that it has been impossible to develop rational priorities in these fields, with the result that even good programs have proved to be far less effective than could reasonably be expected. The Congress further finds that the lack of a coherent, flexible, national manpower policy reduces our prospects of solving economic and social problems which threaten fundamental national interests and objectives. (b) Accordingly, the purpose of this title is to establish a National Commission for Manpower Policy which will have the responsibility for examining these issues, for suggesting ways and means of dealing with them, and for advising the Secretary on national manpower issues. COMMISSION

Meetings. Director.

Gifts and bequests, accept-

noL^^^ ^^^^

ESTABLISHED

SEC. 50'2. (a) There is established a National Commission for Manpower Policy (hereinafter referred to as the "Commission") which shall consist of seventeen members selected as follows— (1) the Secretary of Labor, the Secretary of Health, Education, and Welfare, the Secretary of Defense, the Secretary of Commerce, the Secretary of Agriculture, and the Administrator of the Veterans' Affairs; and (2) eleven members broadly representative of labor, industry, commerce, education (including vocational and technical education). State and local elected officials involved with manpower programs, persons served by manpower programs and of the general public appointed by the President. ^jj) 'j^j^g Commission shall meet at the call of the Chairman, who shall be selected by the President and who shall be one of the ten appointed public members, but not fewer than three times a year. ((.) The Chairman (with the concurrence of the Commission) shall appoint a Director, who shall be the chief executive officer of the Commission and shall perform such duties as are prescribed by the Chairman. The Director may appoint, with the concurrence of the Chairman and the Secretary of Labor, such clerical staff as are necessary. The Commission may utilize such staff from the Department of Labor, the Department of Health, Education, and Welfare, and such other Federal agencies as may be available to assist the Commission in carrying out its responsibilities. ^^j^ -j^j^^ Commissioii may accept in the name of the Department of j^^bor aud employ or dispose of gifts or bequests, to carry out its responsibilities under this title. (e) Members of the Commission who are not officers or employees of the Federal Government shall be paid compensation at a rate of up to ^be per diem equivalent of the rate for GS-18 when engaged in the work of the Commission, including traveltime, and shall be allowed

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PUBLIC LAW 93-203-DEC. 28, 1973

travel expenses and par diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons in the Government service employed intermittently and receiving compensation on a per diem, when actually employed, basis. F U N C T I O N S OF THE

/-"^

875

80 Stat. 499; 83 Stat. 190.

COMMISSION

SEC. 503. The Commission shall— (1) identify the manpower goals and needs of the Nation and assess the extent to which employment and training, vocational education, institutional training, vocational rehabilitation, economic opportunity, and other programs under this and related Acts represent a consistent, integrated, and coordinated approach to meeting such needs and achieving such goals; (2) conduct such studies, hearings, research, or other activities as it deems necessary to enable it to formulate appropriate recommendations; (3) examine and evaluate the effectiveness of any federally assisted manpower development programs (including those assisted under this Act), with particular reference to the contributions of such f)rograms to the acliievement of objectives sought by the recommendations undei' clause (2) of this section; (4) examine and evaluate major Federal programs which are intended to (or potentially could) contribute to achieving major objectives of existing manpower and related legislation or those set forth in the recommendations of the Commission and particularly the programs which are designed (or could be designed) to develop information and knowledge about manpower problems through research and demonstration projects or to train personnel in fields (such as occupational counseling, guidance, and placement) which are vital to the success of manpower programs; and (5) evaluate and make recommendations to the Congress with respect to the report of the Secretary required under se(?tion 506, and continue to make studies of the impact of energy shortages upon manpower needs and include these findings and recommendations with I'espeot thereto in the reports required by section 505. COORDINATION

STUDY

SEC. 504. The Commission shall conduct a study of the utilization and interrelation of programs of manpower training with closely associated programs such as those conducted under the Wagner-Peyser Act, '^^ Stat. i u. the work incentives program under part C of title IV of the Social ^9 USC 4 Security Act. and others of similar nature, with a view to determining gs^g^a^t^^gos^'*' how they could be better coordinated and more effectively combined to 42 USC 630. serve individuals, particularly at the State and local levels, and shall dg^t^nd (^0^-^^' make a report of their findings and recommendations to the President gress. and the Congress not later than January 31, 1975. KEPORTS

SEC. 505. The Commission shall make at least annually a report of Report to Pre siits findings and recommendations to the President and the Congress, gr"ss^" and the first such report shall be transmitted not later than September 1, 1974. The Commission may make such interim reports or recommendations to the Secretary of Labor or to the heads of other Federal departments and agencies, and in such form, as it may deem desirable.

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Page:United States Statutes at Large Volume 87.djvu/908

 876

PUBLIC LAW 93-203-DEC. 28, 1973 ENERGY

[87 STAT.

STUDY

SEC. 506. The Secretary shall, immediately upon enactment of this Act, make a study of the impact of energy shortages, including fuel rfs^r°and°commis- i^^tiouiug, upou maupowcr needs. The Secretary shall make a report sion^ of his findings and recommendations thereon to the Congress and to the Commission not later than March 31, 1974. TITLE VI—GENERAL PROVISIONS DEFINITIONS

" 76 Stat. 25. sJsta^.elV; 86 Stat. 690. ' 42 USC 2737.

SEC. 601. (a) As used in this Act, the term—• (1) Community-based organizations" means organizations which are representative of communities or significant segments of the communities and which provide manpower services (for example. Opportunities Industrialization Centers, Jobs for Progress, Mainstream, and Community Action Agencies). (2) "Governor" means the chief executive of any State. (3) "Health care" includes, but is not limited to, 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 manpower services to obtain or retain employment. (4) "Low-income level" means $7,000 with respect to income in 1969, and for any later year means that amount which bears the same relationship to $7,000 as the Consumer Price Index for that year bears to the Consumer Price Index for 1969, rounded to the nearest $1,000. (5) "Manpower allotment" means sums received by a State or area under title I of this Act for any fiscal year (or, where applicable, under title II of the Manpower Development and Training Act of 1962, and part B of title I of the Economic Opportunity Act of 1964). (6) "Offender" means any adult or juvenile who is confined in j^^y type of correctional institution and also includes any individual or juvenile assigned to a community based facility or subject to pretrial, probationary, or parole or other stages of the judicial correctional or probationary process where manpower training and services may be beneficial, as determined by the Secretary, after consultation with judicial, correctional, probationary, or other appropriate authorities. (7) "Public service" includes, but is not limited to, work in such fields as environmental quality, health care, education, public safety, crime prevention and control, prison 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. (8) "Secretary" means the Secretary of Labor. (9) "State" includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands. (10) "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

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Page:United States Statutes at Large Volume 87.djvu/909

 87 STAT. ]

PUBLIC LAW 93-203-DEC. 28, 1973

877

and spend funds, as well as ooneral corporate and police powers. (11) "Undereniployed persons" means— (A) persons \\\\o are working part-time but seeking- fulltime work; (B) persons who are working full-time but receiving wages below the poverty level determined in accordance with criteria as established by the Director of the Office of Management and Budget. (12) "Lnemployed persons" means— (A) persons who are without jobs and who wan.t and are a\ailable for work; and (B) except for purposes of sections 103 and 202, adults g^^"'^' PP- «*2. who or whose families receive supplemental security income or monev payments pursuant to a State plan approved under title I, IV. X. or X VI of the Social Security Act or would, as ^^'^\ ""f^^f" ^*' defined in regulations to be issued by the Secretary, be eligible for such payments but for the fact that both parents are present in the home (1) who are determined by the Secretary of Labor, in consultation with the Secretary of Health, Education, and Welfare, to be available for work. and (2) who are either (i) persons without jobs, or (ii) persons working in jobs providing insufficient income to enable such persons and their families to be self-supporting without welfare assistance: and the determination of whether persons are without jobs shall be made in accordance with the criteria used by the Bureau of Labor Statistics of the Department of Labor in defining persons as unemployed, but such ci-iteria shall not be applied dirt'erently on account of a person's pre\ious employment. (13) "Wagner-Peyser Act"* means "An Act to provide for the establishment of a national employment system and for cooperation with the States in the proinotion of such system, and for other l)urposes", appro\ed June 6. 11)33 (48 Stat. 113). as amended (29 r.S.(\40etseq.). (b) As used in section 208(c) of this Act, the term "area" means— (1) where the applicant is an eligible unit of government or an Lulian tribe, that ideographical area over which the applicant exercises general political jurisdiction, or (2) where the applicant is a ]:)ublic agency or institution which is a subdivision of an eligible unit of government, that geographical aiva over which such unit of government exercises general political jurisdiction. LEGAL

AUTJIORITY

SKC. 2. (a) The Secretary may, in accordance with chapter 5 of title T). United States Code, prescribe such rules, regulations, guidelines, ^gta*^'" ^^^' and other publislied interpretations under this Act as he deems neces- 5 USC soo". ^ ary. Ivules, regulations. guidelines and othei- published interpretations or orders may include adjustments authorized by section 204 of the 82 Stat. 1101. Intergoveiinnental Cooperation Act of 1068. For purposes of chapter 42 USC 4214. .") of su.ch title any condition or guideline for receipt of financial assistance shall be deemed a rule to which section 553 applies. All such rules, regulations, guidelines, and other published interpretations or orders under this Act shall be published in the Federal Register at least thirty ^ P^^blication in 1

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Page:United States Statutes at Large Volume 87.djvu/910

 878

70A Stat. 269.

PUBLIC LAW 93-203-DEC. 28, 1973

[87

STAT.

citations to the particular substantive section of law which is the basis therefor. (b) The Secretary may make such grants, contracts, or agreements, establish such procedures (subject to such policies, rules, and regulations as he may prescribe), and make such payments, in installments and in advance or by way of reimbursement, or otherwise allocate or expend funds made available under this Act, as he may deem necessary to carry out the provisions of this Act, inchiding (without regard to the provisions of section 4774(d) of title 10, United States Code) expenditures for construction, repairs, and capital improvements, and including necessary adjustments in payments on account of overpayments or underpayments. The Secretary may also withhold funds otherwise payable under this Act, but only in order to recover any amounts expended in the current or immediately prior fiscal year in violation of any provision of this Act or any term or condition of assistance under this Act. CONDITIONS APPLICABLE TO ALL PROGRAMS

Nondi scrimination.

Workmen's compensation.

Training.

SEC. 603. The Secretary shall not provide financial assistance for any program under this Act unless— (1) the grant, contract, or agreement with respect thereto specifically provides that no person with responsibilities in the operation of such program will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, political affiliation, or beliefs; (2) such program does not involve political activities; (3) participants in the program will not be employed on the (Construction, operation, or maintenance of so much of any facility a.s is used or to be used for sectarian instruction or as a place for religious worship; (4) conditions of employment or training will be appropriate and T-easonable in the light of such factors as the type of work, geographical region, and proficiency of the participant; (5) appropriate standards for the health, safety, and other conditions applicable to the performance of work and training on any project are established and will be maintained; () appropriate workmen's compensation protection will be provided to all participants; (7) the program will not result in the displacement of employed workerS or impair existing contracts for services or result in the substitution of Federal for other funds in connection with work that would otherwise be performed; (8) persons shall not be referred for training in an occupation which requires less than two weeks of pi-employment training unless there are immediate employment opportunities available in that occupation; (9) training and related stn-vices under any such program are designed, to the maximum extent practicable, consistent with every individual's fullest capabilities, to lead to employment opportunities enabling participants to l^ecome economically selfsufficient; (10) no person shall be referred for training authorized under paragraph (3) or (4) of section 101 iniless the Secretary or the piime sponsor, as appropriate, shall have determined that there is a reasonable expectation of employment for such person in the occupation for which he is being trained; (11) funds will be used to supplement, to the extent practicable.

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Page:United States Statutes at Large Volume 87.djvu/911

 87 STAT. ]

PUBLIC LAW 93-203-DEC. 28, 1973

879

the level of funds that would otherwise be made available from non-Federal sources for the purpose of planning and administration of programs within the scope of this Act and not to supplant such other funds; (12) the applicant will make such reports, in such forni and containing such information as the Secretary may from time to time require, and will keep such records and afford such access thereto as the Secretary may find necessary to assure that funds are being expended in accordance with the provisions of this Act; (13) the program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants; (14) the program has adequate internal administrative controls, accounting requirements, personnel standards, evaluation procedures, availability of inservice training and technical assistance programs, and other policies as may be necessary to promote the effective use of funds; and (15) the program makes appropriate provision for the manpower needs of youths in the area to be served. SPECIAL

LIMITATION

SEC. 604. (a) No authority conferred by this Act shall be used to enter into arrangements for, or otherwise establish, any training programs in the lower wage industries in jobs where prior skill or training is typically not a prerequisite to hiring and where labor turnover is high, or to assist in relocating establishments from one area to anothei-. Such limitations on relocation shall not prohibit assistance to a business entity in the establishment of a new branch, affiliate, or subsidiary of such entity if the Secretary of Labor finds that assistance will not result in an increase in unemployment in the area of original location or in any other area where such entity conducts business operations, unless he has reason to believe that such bi-anch, affiliate, or subsidiary is being established with the intention of closing down the operations of the existing business entity in the area of its original location or in any other area where it conducts such operations. (b) Acceptance of family planning services provided to trainees shall be voluntary on the part of the individual to whom such services are offered and shall not be a prerequisite to eligibility for or receipt of any benefit under the program. (c) No non-governmental individual, institution, or organization shall evaluate any program under this Act if that individual or such institution or organization is associated with that program as a consultant, technical adviser, or in any similar capacity.

Non-skilied jobs,

REPORTS

SEC. 005. (a) The Secretary shall make such reports and reconnnen- i^^^f""*^ *" ^"'^^' dations to the President as he deems appropriate pertaining to employment and occupational requirements, I'esources, use, and training, and his recommendations for the succeeding fiscal year, and the President Presidential reshall transmit to the Congress within sixty days after the beginning of ^°"''° '^°"«^^"each regular- session a report pertaining to manpower requirements, resour-ces, utilization, andtr-aining. (b) The Secretary and the Secretary of Health, Education, and ^^^^^P"*"* *° ^°"" AVelfar-e shall report to the Congr-ess on the extent to which comrmmity g r a s s. colleges, ar-ea vocatioiuil and technical schools and other vocational educational agencies and institutions, and vocational • rehabilitation agencies are being utilized to carry out tr-aining programs supported in whole or in part from provisions of this and related Acts, the extent

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Page:United States Statutes at Large Volume 87.djvu/912

 880

Summer youth programs, report to C o n g r e s s.

Employment opportunities for offenders, report to P r e s i d e n t and Congress.

PUBLIC LAW 93-203-DEC. 28, 1973

5 USC app.

STAT.

to which administrative steps have been taken and are being taken to encourao-e the use of such facilities and institutions and ao-encies m the carrying ont of the provisions of this Act and any further legislation that may be required to assure effective coordination and utilization of such facilities and agencies to the end that all federally supported employment and training, vocational education, and vocational reiiabilitation programs can more effectively accomplish their objectives of providing employment and training opportunities to all persons needing occupational training. (c) The Secretary shall transmit to the Congress at the earliest appropriate date, but not later than March 1, of each calendar year a report setting forth a description of summer programs providing jobs for economically disadvantaged youth to begin in June of such year, including the number of opportunities in public and private agencies or organizations that will be provided under section 304 (a)(3) of this Act or in the case of the summer of 19T4 under section 3(c), and a statement as to the total number of such persons who won hi be eligible for such programs, together with his recommendations, if any, for supplemental appropriations for such programs. (d) The Secretary, through the Bureau of Labor Statistics, shall annnally compile and maintain information on the incidence of unemployment among offenders and shall publish the results of the information obtained pursiumt to this subsection in the report required under subsection (a) of this section. (e) The Chairman of the United States Civil Service Commission, in consultation with the Secretary, shall report to the President and to the Congress no later than six months after the effective date of this Act on the extent to which and manner in which employment opportunities for offenders may be increased in the Federal service, with special reference to the criteria used in determining the suitability of offenders for Federal employment, including such recommendations for additional legislation as they deem advisable. (f) Each pi-ime sponsor shall prepare for the Secretary, and make available, to the public, a report (m its activities under the Act, including a detailed comparison of program performance with approved plan. LABOR

49 Stat. 1011; 85 Stat. 879.

[87

STANDARDS

SKC. 600. All laborers and mechanics employed by contractors or subcontractors in any construction, alteration, or repair, including painting and decoiating of projects, buildings, and works which are federally assisted under this Acit, shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a-5). The Secretary shall have, with respect to such labor standards, the authority and fmictions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of June 1, 1934, as amended (48 Stat. 948. as amended; 40 U.S.C. 276(c)). ACCEPTAXCE OF GIFTS

SKC. 607. The Secretary is authorized, in carrying out his functions and responsijbilities under this Act, to accept in the name of the Department, and employ or dispose of in furtherance of the purposes of this Act, or any title thereof, an unconditional gift of any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise; and to accept voluntary and

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Page:Tom Swift and His Airship.djvu/106

96 some time. I don't have to go home to notify them, and it's a good thing, as my wife is very nervous, and might object, if she heard about the airship. I'll just stay here, if you've no objection, until the Red Cloud sails, if sails is the proper term."

"'Sails' will do very well," answered Mr. Sharp. "But, Tom, let's see if you and I can't get that car down. Perhaps Mr. Damon would like to go in the house and talk to your father," for Mr. Swift had left the piazza.

The eccentric individual was glad enough not to be on hand when his car was eased down from the veranda and disappeared into the house. Tom and Mr. Sharp, with the aid of Garret Jackson, then released the auto from its position. They had to take down the rest of the broken railing, and their task was easy enough. The machine was stored in a disused shed, and Mr. Damon had no further concern until it was time to undertake the trip through the air.

"It will fool those men if I mysteriously disappear," he said, with a smile. "Bless my hat band, but they'll wonder what became of me. We'll just slip off in the Red Cloud, and they'll never be the wiser."

"I don't know about that," commented Tom. "I fancy they are keeping pretty close watch in

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