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Page:United States Statutes at Large Volume 92 Part 2.djvu/684

 92 STAT. 1964

PUBLIC LAW 95-524—OCT. 27, 1978 " M I G R A N T A N D SEASONAL F A R M W O R K E R EMPLOYMENT A N D TRAINING PROGRAMS

29 USC 873.

ir B

"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 employment problem and substantially affect the entire national economy; and "(2) because of the special nature of farmworker employment and training problems such programs can best be administered at the national level. "(b)(1) The Secretary shall meet the employment and training needs of migrants and seasonal farmworkers through public agencies and private nonprofit organizations, including, but not limited to, U. ' " programs and activities carried out by prime sponsors under other provisions of this Act, as the Secretary determines have an understanding of the problems of migrant and seasonal farmworkers, a familiarity with the area to be served, and a capability to administer effectively a comprehensive employment and training program for migrant and seasonal farmworkers. "(2) Programs supported under this section shall include, but not be limited to, employment and training in traditional as well as newly developing agricultural occupations and related assistance and supportive services. Grants or "(c)(1) In awarding a grant or contract for services administered contracts. under this section, the Secretary shall not assign any preferential weighting factor to an application therefor by virtue of the fact that the applicant holds at the time of application a prior grant or contract to provide services under this section; nor shall the Secretary assign any negative weighting factor to an application by virtue of the fact that an applicant is an instrumentality of State government. "(2) In carrying out programs and activities under this section, the Postsecondary schooling, Secretary shall continue in operation any program which is in existprogram ence on the effective date of this paragraph and— continuation. "(A) which is— ^ "(i) operated through the use of the facilities of any institution of higher education; and "(ii) designed to assist migrant and seasonal farmworkers who are beyond the age of compulsory school attendance in the State in which the institution is located, through tutoring, counseling, and other similar assistance, in the completion of courses necessary to receive a high school diploma or its equivalent; or "(B) which serves migrant and seasonal farmworkers who are enrolled in a full-time basis in the first academic year of an undergraduate program at any institution of higher education, and the dependents of migrant and seasonal farmworkers if such dependents are so enrolled by— "(i) aiding such individuals in carrying out the transition . po!jij-'>!'.i from secondary school to postsecondary school programs; - i " •• ".(ii) generating motivation necessary for success in education beyond secondary school; and "(iii) providing counseling, tutorial, and similar educational services designed to assist such individuals during their first academic year at such institution. •*';

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 PUBLIC LAW 95-524—OCT. 27, 1978

92 STAT. 1965

The Secretary shall continue the operation of any such program for so long as such program is consistent with the purposes of this section, as determined by the Secretary, " (3) For the purpose of carrying out this section, the Secretary shall Allocation of reserve from funds available for this title an amount equal to not less funds. than 5 percent of the amount allocated pursuant to section 202(a). "(e) In administering programs under this section, the Secretary Consultation and shall consult with appropriate State and local officials and may enter agreements into agreements with such officials to assist in the operation of such programs. In implementing this section the Secretary shall determine in consultation with appropriate State and local educational agencies, that no substantia] duplication will exist. ' J O B SEARCH AND RELOCATION ASSISTANCE

"SEC. 304. (a) The Secretary is authorized to carry out job search 29 USC 874. and relocation assistance through agreements with States, State agencies or prime sponsors. "(b) Job search assistance shall be available to economically disadvantaged, unemployed, and underemployed persons. "(c)(1) Relocation assistance may be provided in the form of loans Loans or grants, or grants, or both, subject to such standards as the Secretary establishes. "(2) Relocation assistance shall be available only to involuntarily unemployed individuals who cannot reasonably be expected to secure fulltime employment in the community in which they reside, and have bona fide offers of employment (other than temporary or seasonal employment). " V E n; R A N 8 INFORMATION AND OUTREACH

"SEC. 305, The Secretary, in consultation and cooperation with the 29 USC 875. Administrator of Veterans Affairs and the Secretary of Health, Edu- Consultation. cation, and Welfare, shall provide for an outreach and public information program utilizing, to the maximum extent, the facilities of the Departments of Labor and Health, Education, and Welfare and the Veterans' Administration to exercise maximum efforts to develop jobs and job training opportunities for disabled and Vietnam-era veterans, and inform all such veterans about employment, job-training, on-thejob training and educational opportunities under this Act, under title 38, United States Code, and other provisions of law; and inform prime sponsors. Federal contractors and subcontractors, Federal agencies, educational institutions, labor unions, and employers of their statutory responsibilities toward such veterans, and provide them with technical assistance in meeting those responsibilities. "PROGRAMS FOR THE

HANDICAPPED

"SEC. 306. (a)(1) The Congress finds and declares that due to the 29 USC 876 rapid implementation of programs to assist handicapped individuals mandated under the Education for the Handicapped Act and section 20 USC 1401 504 of the Rehabilitation Act of 1973, there is a need for people to note. provide the special supportive services and removal of architectural 29 USC 794. barriers required by these Acts. "(2) The Congress further declares that the individuals to be served under this section represent a large percentage of the unemployed, and that these services will provide meaningful improvement of the lives of the handicapped individuals served.

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


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Page:United States Statutes at Large Volume 92 Part 2.djvu/686

 92 STAT. 1966 Training or education.

PUBLIC LAW 95-524—OCT. 27, 1978

"(b) The Secretary shall establish programs throughout the Nation which shall train personnel to work with and assist handicapped individuals. These programs may be in any areas of training or education which provide individuals with skills necessary to tram or provide assistance to handicapped persons, including, but not limited to, interpreters for the deaf and aides in classrooms to assist in the education of the handicapped. "(c) The Secretary shall take appropriate action to establish administrative procedures and machinery (including personnel having particular competence in this field) for the administration of programs authorized under this section. "PARTNERSHIP PROGRAMS

29 USC 877.

itam--

Reimbursement.

"SEC. 307. (a) From funds available under this title the Secretary is authorized to promote the development of partnership arrangements between prime sponsors and employment security agencies. Such partnerships shall constituteasement of an integrated and comprehensive intake, service and placement system and shall be designed to achieve an employability plan and comprehensive program of job preparation and job search assistance for all participants under this Act. Such partnerships may also include other related public and private nonprofit agencies and organizations, including communitybased organizations. "(b) Such partnerships may result in— " (1) the creation of a joint-planning, administrative, and operational entity; "(2) combining and colocation of staff; and n "(3) a joint data base and information system. "(c) The Secretary is authorized to reimburse prime sponsors for costs associated with the implementation of a partnership and to provide incentives to ensure that employment security agencies may participate on an equitable basis. "PROJECTS FOR MIDDLE-AGED AND OLDER WORKERS

Employment and training policies.

29 USC 878.

Research.

,

"SEC. 308. (a) The Secretary shall— "(1) develop and establish employment and training policies and programs for middle-aged and older workers which will reflect appropriate consideration of these workers' importance in the labor force and lead to a more equitable share of employment and training resources for middle-aged and older workers; "(2) develop and establish programs to facilitate the transition of workers over 55 years of age from one occupation to another within the labor force and to facilitate the transition of such workers from non-participation to participation in the labor force including work experience, vocational education, public service employment, on-the-job training, occupational upgrading, and job search and placement, and technical assistance to employers for establishing flexi-time, job sharing, and other innovative arrangements suited to the needs of older workers; "(3) conduct research on the relationships between age and employment and insure that the findings of such research are widely disseminated in order to assist employers in both the piiblic and private sectors better understand and utilize the capabilities of middle-aged and older workers; and

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Page:United States Statutes at Large Volume 92 Part 2.djvu/687

 PUBLIC LAW 95-524—OCT. 27, 1978

92 STAT. 1967

"(4) develop and establish programs to develop methods designed to assure increased labor force participation by older workers who are able and willing to work but who have been unable to secure employment or who have been discouraged from seeking employment. "(b) In carrying out the provisions of subsection (a) the Secretary shall provide for appropriate arrangements to be made with prime sponsors, members of the business community (including small business), labor organizations, local educational agencies, and community-based organizations as defined in section 3. Such arrangements Ante, p. 1912. may include, but need not be limited to— "(1) an analysis of the local labor force on the basis of such factors as age, educational background, income, race, and sex, focusing particularly on comparative rates of labor force participation and of unemployment and underemployment among the various demographic groups studied; " (2) an assessment of each participant's skills and work experience for purposes of formulating realistic second career objectives, .e- '-Ai t^S including formal vocational testing instruments supplemented by such functional assessment methods and techniques to detect those skills and abilities of a participant as may be related to desired second career and occupational upgrading objectives; "(3) second career and occupational upgrading counseling by Counseling, individuals knowledgeable about the employment and training needs of middle-aged and older workers; "(4) the establishment of second career objectives which will— Second career "(A) provide reasonable assurances to the participant that objectives. public and private sector demand exists for the skills developed in the second careers program; and "(B) enable the participant to compete successfully in the job market; and "(5) establishment of formal second careers training agreements, between participants and program sponsors, which— "(A) set forth the career objectives of the participants and the steps required of each participant and prime sponsor to achieve these objectives; "(B) will remain in force until its terms are fulfilled, or renegotiated or terminated according to such procedures as shall be prescribed by the Secretary; and "(C) may be renegotiated or terminated, at any time, by the participant, or by the program sponsor for good cause. "(c) The Secretary is hereby authorized to pay program sponsors Payment, reasonable training costs to participants in second careers programs regulations. to the extent necessary to achieve the objectives of such programs in accordance with regulations prescribed by the Secretary, but in no case shall such payment exceed the permissible maximum under section 122(i)(1). Such costs may include reasonable tuition for partici- ^»^«' P- 1938 pants engaged in technical or other institutional training and payments to program sponsors providing on-the-job training, provided that such payments are based on the actual number of hours of such training given to the second careers program participant. The Secretary is authorized to pay for equipment, materials, and such other costs necessary for a participant to achieve the objectives of his second careers program. "(d) Programs assisted under this section may provide for partici- Part- or flexibl*!pation in employment and training programs on a part-time or time programs. flexible-time basis.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/688

 92 STAT. 1968 Eligibility.

Allocation of funds.

Ante, p. 1950; Post, pp. 2005, 2010.

PUBLIC LAW 95-524—OCT. 27, 1978 "(e) Participants in programs authorized under this section shall be individuals over the age of 55 who are unemployed, underemployed, or economically disadvantaged, who have a family income (exclusive of any income received under a Federal or State welfare or unemployment program) which is not in excess of 125 percent of the poverty level established by the Director of the Office of Management and Budget. "(f) For the purposes of carrying out this section, the Secretary shall reserve from funds available for this title not more than 5 percent of the amount available for this title. "(g) No provision of this section shall be construed as intending any diminution of the employment and training opportunities available to workers over 55 years of age under titles II, VI, and VII of this Act. "PART B—RESEARCH, TRAINING, AND EVALUATION

'-

"RESEARCH

29 USC 879.

Grants or contracts.

Consultation.

29 USC 201. Agreement with Secretary of HEW.

"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 employment and training 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 employment and training problems. The programs required by this section may include, but need not be limited to, studies, the findings of which may contribute to the formulation of employment and training policy; development or improvement of employment and training programs; increased knowledge about labor market processes, including programs designed to eliminate artificial barriers to employment; reduction of unemployment and its relationships to price stability; promotion of more effective worker development, training, and utilization; improved 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 worker shortages; easing of the transition from school to work, from income transfer payment dependency to employment, from one job to another, and from work to retirement; testing the usefulness of sheltered employment for the difficult to employ; opportunities and services for older persons who desire to enter or reenter the labor force; and for improvement of opportunities for employment and advancement through the reduction of discrimination and disadvantage arising from poverty, ignorance, or prejudice. "(b) The Secretary shall establish a program of experimental, developmental, demonstration, and pilot projects, through grants to or contracts with public agencies or private organizations, for the purpose of improving techniques and demonstrating the effectiveness of specialized methods in meeting employment and training problems. Nothing in this subsection shall authorize the Secretary to carry out employment programs experimenting with subsidized wages in the private sector or wages less than wages established by the Fair Labor Standards Act of 1938 for employment subject to that Act. In carrying out this subsection, the Secretary shall consult with such other agencies as may be appropriate. Where programs under this section require institutional training, appropriate arrangements for such

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Page:United States Statutes at Large Volume 92 Part 2.djvu/689

 PUBLIC LAW 95-524—OCT. 27, 1978 training shall be agreed to by the Secretary and the Secretary of Health, Education, and Welfare. "(c) The Secretary is authorized to conduct supportive employment and training projects of an experimental and demonstration nature as part of, or coordinated with, experimental or demonstration programs of a similar nature that the Secretary has been conducting for unemployed persons with serious problems in the labor market, such as juvenile delinquents, mentally and emotionally handicapped individuals, alcoholics, ex-addicts, ex-offenders, and recipients of aid to families with dependent children, to enable them, through temporary, highly structured and supervised work experience, to make the transition to employment or self-employment. Such programs shall provide for skill training as required to effect such transition. "(d) The Secretary is authorized to undertake research programs to (1) investigate the applicability of job-sharing, work-sharing and other flexible work hours arrangements in various settings, and of the incentives and technical assistance required by employers to implement such alternative working arrangements; and (2) investigate the extent to which job and wage classification systems undervalue certain skills and responsibilities on the basis of the sex of persons who usually hold the positions. "(ej The Secretary is authorized to conduct a variety of demonstration and experimental projects to test the best methods of assisting persons, who might otherwise rely on public assistance or other income assistance, to find nonfederally assisted employment in the private and public sectors, and to provide federally assisted work and training opportunities for any such persons who are unable to find nonfederally assisted work or training opportunities. Such demonstration and experimental projects and programs are to be conducted, to the extent practicable, in rural and urban areas, in sparsely and densely populated areas, and in areas with inadequate means of transportation. "(f) The Secretary is authorized to conduct demonstration programs and projects, which provide expanded guidance and counseling services to participants under this Act through community vocational resource centers established in economically distressed communities or areas pursuant to section 134(a)(7) of the Vocational Education Act of 1963. Such programs shall provide State boards of vocational education, which establish such community vocational resource centers, with funding for up to 50 per centum of the cost of such projects. The Secretary may make such funds available to a State board of vocational education Avhen such board reaches agreement with the prime sponsor to assist out-of-school individuals in reentering school at the secondary or postsecondary level, to take advantage of vocational skill training opportunities including cooperative education and work-study programs, and to be offered referral to other training programs, apprenticeship programs, and on-the-job training for which academic credit may be available. Projects shall include provisions for outreach to inform the economically disadvantaged of the assistance available through the community resource centers and to provide assurances that programs will be coordinated with other guidance and counseling activities of the prime sponsor, including activities under section 445(c), other in-school guidance and counseling programs in the area, State employment service offices, and the activities of the private industry councils established pursuant to title VII of this Act.

39-194 O—80—pt. 2

44: QU

92 STAT. 1969

.., •:

20 USC 1284. Funding,

Post, p. 1992. Post, p. 2010.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/690

 92 STAT. 1970

PUBLIC LAW 95-524—OCT. 27, 1978 "(g) The Secretary shall conduct educational and assistance programs designed to eliminate artificial barriers to employment based upon race, sex, national origin, age, records of arrest or conviction, handicaps, marital status, or other criteria. To support such programs, information shall be developed identifying all such artificial barriers, the numbers of persons affected, the manner in which such barriers operate and how such barriers can best be eliminated. In complying with the requirements of this subsection, the Secretary shall consult with the Department of Health, Education, and Welfare, the United States Civil Rights Commission, and the Equal Employment Opportunity Commission.

G)nsultation.

"LABOR MARKET INFORMATION AND JOB BANK PROGRAM

29 USC 880.

Household budget data.

Funding. Notification of congressional committees.

Veterans employment.

.•M-.

ij

u

"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) In addition to the monthly national unemployment statistics, the Secretary shall develop reliable methods, including the use of selected sample surveys, to produce more statistically accurate data on unemployment by State and local areas, and shall investigate alternative methods to produce more accurate data on underemployment and labor demand by State and local areas. "(c) The Secretary shall develop 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 part-time employment, and full-time employment at wages less than the poverty level. "(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. "(e) The Secretary shall set aside, out of sums available to the Department for any fiscal year including sums available for this title, an amount which the Secretary determines is necessary and appropriate to carry out the provisions of this section, and shall, no later than sixty days after such sums are appropriated and made available, notify the appropriate committees oi the Congress of the amount so set aside and the basis for the determination of need and appropriateness. "(f) The Secretary shall establish and carry out a nationwide computerized job bank and matching program (including the listing of all suitable employment openings with local offices of the State employment service agencies by Federal contractors and subcontractors and providing for the affirmative action as required by section 2012(a) of title 38, 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 persons and job vacancies, providing an expeditious means of matching the qualifications of unemployed, underemployed, and economically disadvantaged persons with employer requirements and job opportunities, and referring and placing such persons in jobs.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/691

 PUBLIC LAW 95-524—OCT. 27, 1978

92 STAT. 1971

"EVALUATION

"SEC. 313. (a) The Secretary shall provide for the continuing 29 USC 881. evaluation of all programs, activities, and research and demonstration projects conducted pursuant to this Act, including their costeffectiveness in achieving the purposes of this Act, their impact on communities and participants, their implication for related programs, the extent to which they meet the needs of persons by age, sex, race, and national origin, and the adequacy of the mechanism for the delivery of services. In conducting evaluations the Secretary shall compare the effectiveness of programs conducted by prime sponsors of the same class and of different classes, and shall compare the effectiveness of programs conducted by prime sponsors with similar programs carried out by the Secretary under the Act. The Secretary shall also arrange for obtaining the opinions of participants about the strengths and weaknesses of the programs. j> "(b) The Secretary shall evaluate the effectiveness of programs authorized under this Act and part C of title IV of the Social Security 42 USC 630. Act with respect to the statutory goals and objectives, including increases in employment and earnings for participants, duration in training and employment situations, information on the post-enrollment labor market experience of program participants for at least a year following their termination from such programs, and comparable information on other employees or trainees of participating employers. "(c) In order to reduce the paperwork burden and costs on prime sponsors, project applicants and program agents, in carrying out evaluations of the cost-effectiveness of identical or similar programs of prime sponsors, the impact of such programs on communities and agents, the implication for related programs, and the adequacy of the mechanism for the delivery of services, the Secretary shall to the maximum extent possible, consistent with the purposes of this Act, use statistical sampling techniques. "(d) The Secretary shall prepare and submit to the Congress an Evaluation plan, annual evaluation plan, setting forth major themes for the areas of submittal to research, statistics, evaluation, experimentation, and demonstrations Congress. to be undertaken in the succeeding fiscal year, the program purposes and policy alternatives to which each such area is related and the current and proposed funding and staffing levels. The Secretary shall < H. > ',-[. specify in the portions of the plan relating to experimentation and demonstrations the intended outcome of proposed major innovations and the amount of time required to test the innovations or to achieve adoption of the demonstration. The information required by this subsection may be included in the annual report of the Secretary under section 127(a). Ante, p. 1945. "(e) The Secretary shall prepare and submit to the Congress an Evaluation annual evaluation report for employment and training programs. Such report, submittal report may be included in the annual report of the Secretary under sec- *" Congress, tion 127(a). The Secretary shall include in such report— "(1) a summary of the achievements, failures, and problems of the various programs authorized in this Act in meeting the objec• tive of this Act; "(2) a summary of major findings from research, evaluation, and experiments conducted in the previous fiscal year; "(3) recommendations for program modifications based upon* ^ analysis of such findings; and "(4) such other recommendations for legislative or administrative action as the Secretary deems appropriate.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/692

 92 STAT. 1972

Report to Congress.

Ante, p. 1945. "Detailed occupational or training code."

PUBLIC LAW 95-524—OCT. 27, 1978 "(f) The Secretary shall develop an ongoing program to notify prime sponsors of experiments and demonstrations to be conducted in their States and shall disseminate to prime sponsors and Governors the results of all research, demonstrations, evaluations, and experiments of employment and training programs. " (g)(1) The Secretary shall— "(A) develop standard definitions of 'enrollments', 'completions', 'job placements', and 'training-related job placements' for classroom and on-the-job training programs funded under this Act; "(B) establish procedures for the uniform reporting by prime sponsors of information on enrollments, completions, job placements, and training related placements by detailed occupational or training code for classroom and on-the-job training programs funded under this Act; and "(C) make a report to the Congress not later than March 1, 1980, and annually thereafter, containing a summary of the information described in subparagraph (B) together with such analysis and recommendations as the Secretary deems advisable. "(2) The information required by paragraph (1)(C) may be included in the annual report of the Secretary under section 127(a). "(3) For the purposes of this subsection, the term 'detailed occupational or training code' shall mean any occupational or training code equivalent in detail to the Standard Occupational Classification at the four-digit level. TRAINING AND TECHNICAL ASSISTANCE

Grants or contracts, consultation.

29 USC 882.

"SEC. 314. The Secretary, in consultation with the Secretary of Health, Education, and Welfare, or other appropriate officials, shall provide directly or through grants, contracts, or other arrangements, appropriate preservice and inservice training for specialized, supportive, supervisory, or other personnel, and appropriate technical assistance with respect to programs under this Act. u NATIONAL OCCUPATIONAL INFORMATION COORDINATING COMMITTEE

Youth.

29 USC 883.

"SEC. 315. (a) The National Occupational Information Coordinating Committee, in carrying out its responsibilities under this section, shall give special attention to the labor market information needs of youth, including activities such as, but not limited to— "(1) assisting and encouraging local areas to adopt methods of translating national aggregate occupational outlook data into local terms; "(2) providing technical assistance for programs of computer on-line terminals and other facilities to utilize and implement occupational and career outlook information and projections supplied by State employment service agencies and to improve the, match of youth career desires with available and anticipated labor demand; "(3) assisting and encouraging the development of State occupational information systems, accessible to local schools, including pilot programs in the use of computers to facilitate such access; and "(4) in cooperation with State and local correctional agencies, encouraging programs of counseling and employment services for youth in correctional institutions.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/693

 PUBLIC LAW 95-524—OCT. 27, 1978

92 STAT. 1973

"(5) in cooperation with State and local educational agencies, and other appropriate persons and organizations, encouraging programs to make available employment and career counseling to postsecondary youths; and "(6) providing technical assistance for programs designed to encourage public and private employers to list all available job opportunities for youths with the appropriate eligible applicant conducting occupational information and career counseling programs, local public employment services offices and to encourage cooperation and contact among such eligible applicants, employers, and oiRces. "(b) All funds available to the National Occupational Information Coordinating Committee under this Act, under section 161 of the Vocational Education Act of 1963 and under section 12 of the Career Education Act may be used by the Committee to carry out any of its functions and responsibilities authorized by law.
 * ('EVALUATIONS

Allocation of funds. 20 USC 1341. 20 USC 2611.

AND INCENTIVE GRANTS

"SEC. 316. (a) Any prime sponsor may volunteer for an evaluation of its title II programs by the Department of Labor. Such evaluation may include monitoring of the rate of placement of title II enrollees after leaving the title II program, the salaries paid to such enrollees, the lengtli of time that they remain in the job, and whatever other information that the Secretary determines, by regulation, is important in evaluating the performance of the prime sponsors. For purposes of making this evaluation, the performance of the prime sponsor shall be assessed by comparing enrollees to a comparable group of nonenrollees within the prime sponsor's area. "(b) The Secretary shall make awards from the funds appropriated under this title to those prime sponsors which have performed well in their title II functions. The Secretary shall make awards according to a unit measurement; each such unit may consist of some degree of improvement among title II enrollees in job placement, salary, longevity, and whatever other factors the Secretary determines, by regulation, are important (each factor shall be weighed by the Secretary in a manner which best effectuates the purposes of this Act), over performance on each of the criteria set forth in this section by a comparable group of nonenrollees in the prime sponsor's area.

Regulation. 29 USC 884. Ante, p. 1950.

Regulation

a.VOUCHER DEMONSTRATrON PROJECTTS

"SEC. 317. (a) The Secretary shall establish a special voucher project to demonstrate the efficacy of providing vouchers to economically disadvantaged persons who are unemployed or underemployed. Such vouchers shall entitle private employers who provide employment with or without training to such individuals to payment in amounts equal to the value of the voucher pursuant to regulations of the Secretary. "(b) In establishing regulations under this section, the Secretary shall establish criteria, eligibility of participants and portability of vouchers between qualifying employers, the value of vouchers, the guarantees against displacement of eligible workers, and such other factors as the Secretary deems appropriate. "(c) Not later than March 1, 1981, the Secretary shall prepare and submit to the Congress a report evaluating the effectiveness of the demonstration projects conducted pursuant to this section, together with such recommendations, including recommendations for legisla-

Regulations.

29 USC 885.

Report to Congress,

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Page:United States Statutes at Large Volume 92 Part 2.djvu/694

 92 STAT. 1974

Ante, p. 1945.

PUBLIC LAW 95-524—OCT. 27, 1978 tion, as the Secretary deems appropriate. The information required by this subsection may be included in the appropriate annual report of the Secretary under section 127(a). "EMPLGYMENOI AND TRAINING ACTIVITIES TO STIMULATE LOCAL PRIVATE ECONOMIC DEVELOPMENT

Experimental program. 29 USC 886.

"SEC. 318. (a) The Secretary is authorized to carry out a special experimental program to link the employment and training activities of prime sponsors to a workable strategy for stimulating local private economic development and replacement of declining industries. Any determination concerning the nature of skills to be provided in train^" ing and retraining programs shall be made after consultation with agencies charged with fostering the growth or introduction of indus' tries in a given labor market. This experiment may include use of vouchers as authorized in section 317. "(b) The Secretary shall take whatever action is necessary to assure that any experimental program conducted under this section is coordinated with Federal, State, regional, and local agencies responsible for administering and receiving funds from the Economic Development Administration pursuant to sections 201 and 202 of 42 USC 3141, the Public Works and Economic Development Act of 1965 and from ^^^^' the Small Business Investment Act of 1958. Activities under any such 15 USC 661 note, program shall be consistent with the overall economic development plan for the area required by section 202(b) (10) of the Public Works and Economic Development Act of 1965. "TITLE IV—YOUTH PROGRAMS a. STATEMENT OF PURPOSE

29 USC 891.

"SEC. 401. It is the purpose of this title to provide a broad range of coordinated employment and training programs for eligible youth in order to provide effectively for comprehensive employment and training services to improve their future employability and to explore and experiment with alternative methods for accomplishing such purposes. "DEFINITIONS

29 USC 892. Post, p. 2001.

"SEC. 402. (a) For purposes of parts B and C, the term 'eligible youth' means an economically disadvantaged youth who is (1) either unemployed, underemployed, or in school, and (2) either age 16 to 21 inclusive, or if authorized under regulations of the Secretary, age 14 to 15 inclusive. Nothing in this section shall be construed to prohibit the provision of day care for the children of eligible youths. "(b) For the purposes of subpart 1 of part A, the term 'eligible youth' means a youth between the ages of 16 and 19 inclusive, the income of whose family is at or below the poverty level determined in accordance with criteria as established by the Director of the Office of Management and Budget. "PART A—YOUTH EMPLOYMENT DEMONSTRATION PROGRAMS "STATEMENT OF PURPOSE

29 USC 893. "SEC. 411. It is the purpose of this part to establish a variety of .,,. -y.v, employment, training, and demonstration programs to explore methods of dealing with the structural unemployment problems of the Nation's

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Page:United States Statutes at Large Volume 92 Part 2.djvu/695

 PUBLIC LAW 95-524—OCT. 27, 1978

92 STAT. 1975

youth. The basic purpose of the demonstration programs shall be to test the relative efficacy of different ways of dealing with these problems in different local contexts, but this basic purpose shall not preclude the funding of programs dealing with the immediate difficulties faced by youths who are in need of, and unable to find jobs. It is explicitly not the purpose of this part to provide make-work opportunities for unemployed youth; instead, it is the purpose to provide youth, and particularly economically disadvantaged youth, with opportunities to learn and earn that will lead to meaningful employment or self-employment opportunities after they have completed the program. "Subpart 1—Youth Incentive Entitlement Pilot Projects "ENTITLEMENT PILOT PROJECTS AUTHORIZED

"SEC. 416. (a) The Secretary shall enter into arrangements with Prime sponsors. prime sponsors selected in accordance with the provisions of this sub- 29 USC 894. part for the purpose of demonstrating the efficacy of guaranteeing otherwise unavailable part-time employment, or combination of parttime employment and training, for economically disadvantaged youth between the ages of 16 and 19, inclusive, during the school year who resume or maintain attendance in secondary school for the purpose of acquiring a high school diploma or in a program which leads to a certificate of high school equivalency and full-time employment or parttime employment and training during the summer months to each such youth. "(b) Each prime sponsor who applies for and is selected by the Secretary to carry out a pilot project under this subpart shall guarantee the employment described in subsection (a) to each such unemployed youth described in subsection (a) who resides within the area or a designated part thereof served by the prime sponsor and who applies to that prime sponsor for employment. The Secretary shall provide to each prime sponsor, from funds appropriated for carrying out this subpart, in combination with any funds made available by such prime sponsor according to an agreement made pursuant to section 4 1 8 (a)(4)(F), the amount to which that prime sponsor Is entitled under subsection (c). "(c) Each prime sponsor shall be entitled to receive, for each youth Funds received who is provided employment by that prime sponsor, the costs associated for youth with providing such employment. Such costs shall take into account employment. funds made available by such prime sponsor under section 418(a) (4)(F). "EMPLOYMENT GUARANTEES

"SEC. 417. Employment opportunities guaranteed under this sub- 29 USC 895. part shall take the form of any one of the following or any combination thereof: "(1) Part-time employment or training or combination thereof Part-time during the school year, not to exceed an average of 20 hours per employment. week for each youth employed, and not to last less than 6 months nor more than 9, on projects operated by community-based organizations of demonstrated effectiveness which have a knowledge of the needs of disadvantaged youth; local educational agencies; institutions of higher education; nonprofit private organizations or institutions engaged in public service; nonprofit voluntary youth organizations; nonprofit private associations, such as labor

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Page:United States Statutes at Large Volume 92 Part 2.djvu/696

 92 STAT. 1976

PUBLIC LAW 95-524^0CT. 27, 1978 organizations, educational associations, business, cultural, or other private associations; units of general local government; or special purpose political subdivisions either having the power to levy taxes and spend funds or serving such special purpose in 2 or more units of general local government. "(2) Part-time employment on an individual basis in any of the institutions and under the same conditions provided for in clause (1). "(3) Part-time employment on either a project or individual basis in any of the institutions and under the same conditions as provided in clause (1) which includes as part of the employment on-the-job or apprenticeship training. "(4) Full-time employment during the summer months, not to exceed 40 hours per week for each youth employed, and not to last less than 8 weeks in any of the institutions described in clause (1).

Full-time employment.

"SELECTING PRIME SPONSORS

29 USC 896.

Ante, p. 1950. Post, p. 2001.

^~"

J

J

"SEC. 418. (a) In selecting prime sponsors to operate youth incentive entitlement projects, the Secretary shall— "(1) select prime sponsors from areas with differing socioeconomic and regional circumstances such as differing unemployment rates, school dropout rates, urban and rural variations, size, and other such factors designed to test the efficacy of a youth job entitlement in a variety of differing locations and circumstances; "(2) take into consideration the extent to which the prime sponsors devote funds made available under title II and part Q Q^ Q^^Q ^j^lg -fQj. YiQ purpose of carrying out a youth incentive entitlement proj ect or for supportive services; "(3) take into consideration the extent to which new and different classifications, occupations, or restructured jobs are created for youth; "(4) select only prime sponsors which submit proposals which include— "(A) a description of the procedure to be utilized by the prime sponsor to publicize, consider, approve, audit, and monitor youth incentive projects or jobs funded by the prime sponsor under this part, including copies of proposed application materials, as well as examples of audit and client characteristics reports; "(B) a statement of the estimated number of economically disadvantaged youth to be served by the prime sponsor, and assurances that only such disadvantaged youth will be J served; "(C) assurances that the provisions of sections 442 and 443 are met relating to wage provisions and special conditions; "(D) assurances that the prime sponsor has consulted with public and private nonprofit educational agencies including vocational and postsecondary education institutions and other agencies which offer high school equivalency programs; public employers, including law enforcement and judicial agencies; State and local public assistance agencies; labor organizations; voluntary youth groups; community-based ^ organizations; organizations of demonstrated effectiveness

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Page:United States Statutes at Large Volume 92 Part 2.djvu/697

 PUBLIC LAW 95-524—OCT. 27, 1978

92 STAT. 1977

with a special knowledge of the needs of such disadvantaged youth; and with the private sector in the development of the plan, and assurances that arrangements are made with appropriate groups to assist the prime sponsor in carrying out the purposes of this subpart; " (E) assurances that arrangements are made with the State employment security agencies to carry out the purposes of this subpart; " (F) an agreement that funds available under title II for Ante, p. 1950. •i economically disadvantaged youth employment programs and funds available for the summer youth program under part C Post, p. 2001. of this title for youth eligible under subsection (a) will be used in support of the project authorized under this subpart; "(G) assurances that the employment of eligible youth meets the requirements of eligible activities under section 419; " (H) assurances that participating youth shall not be ''" employed more than an average of 20 hours per week during the school year and not more than 40 hours per week during the summer; " (I) assurances that a participating youth is not a relative of any person with responsibility for hiring a person to fill that job; " (J) assurances that whenever employment involves additional on-the-job, institutional, or apprenticeship training provided by the employer, and if such training is not paid for in full or in part by the prime sponsor under any other program authorized under this Act, wages may be paid in accordance with the provisions of subsection (b) of section 14 of the Fair Labor Standards Act of 1938, and with the 29 USC 214. balance being applied to the cost of training; " (K) assurances that arrangements have been made with the appropriate local education agency or with the institution offering a certified high school equivalency program that such youth is enrolled and meeting the minimum academic and attendance requirements of that school or education program and with employers that such youth meet the minimum work and attendance requirements of such employment and that any employment guarantee is conditioned on such enrollment; "(L) assurances that special efforts will be made to recruit youth from families receiving public assistance, including parents of dependent children who meet the age requirement of this subpart; and " (M) assurances that the prime sponsor will make available the data necessary for the Secretary to prepare the reports required by section 420, "(b) In approving a prime sponsor to operate a youth incentive entitlement pilot project under this subpart the Secretary may also test the efficacy of any such project involving— " (i) the use of a variety of subsidies to private for-profit employers, notwithstanding the provisions of sections 417 and 419(a), to encourage such employers to provide employment and trammg opportunities under this subpart, but no such subsidy shall exceed the net cost to the employer of the wages paid and training provided;

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Page:United States Statutes at Large Volume 92 Part 2.djvu/698

 92 STAT. 1978

PUBLIC LAW 95-524—OCT. 27, 1978 "(2) arrangements with unions to enable youth to enter into apprenticeship training as part of the employment provided under this subpart; "(3) a variety of administrative mechanisms to facilitate the employment of youths under an entitlement arrangement; "(4) the inclusion of economically disadvantaged youths between the ages of 19 and 25 who have not received their high school diploma; "(5) the inclusion of occupational and career counseling, outreach, career, exploration, and on-the-job training and apprenticeship as part of the employment entitlement; and " (6) the inclusion of youth under the jurisdiction of the juvenile or criminal justice system with the approval of the appropriate authorities. "SPECIAL PROVISIONS

Employment and training.

29 USC 897.

"SEC. 419. (a) Employment and training under this subpart shall develop the participant's role as a meaningful member of the community, and may include employment and training in such fields as environmental quality, health care, education, self-employment, social services, public safety, crime prevention and control, transportation, recreation, neighborhood improvement, rural development, conservation, beautification, and community improvement projects. "(b) No funds for employment under this subpart shall be used to provide public services through a nonprofit organization, association, or institution, or a nonprofit private institution of higher education or any other applicant, which were previously provided by a political subdivision or local educational agency in the area served by the project of where the employment and training takes place, and no funds will be used under this subpart to provide such services through such an organization or institution which are customarily provided only by a political subdivision or local educational agency in the area served by such project or where the employment and training takes place. "REPORTS

Report to Congress.

29 USC 898.

"SEC. 420. The Secretary shall report to the Congress not later than March 15, 1979, on his interim findings on the efficacy of a youth incentive entitlement. The Secretary shall submit another report not later than December 31, 1979, concerning the youth incentive entitlement projects authorized under this subpart. Included in such reports shall be findings with respect to— "(1) the number of youths enrolled at the time of the report; "(2) the cost of providing employment opportunities to such youths; '^' "(3) the degree to which such employment opportunities have caused out-of-school youths to return to school or others to remain in school; " (4) the number of youths provided employment in relation to ,^ the total which might have been eligible; ' • "(5) the kinds of jobs provided such youths and a description of the employers—public and private—providing such employment; "(6) the degree to which on-the-job or apprenticeship training has been offered as part of the employment; "(7) the estimated cost of such a program if it were to be extended to all areas;

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Page:United States Statutes at Large Volume 92 Part 2.djvu/699

 PUBLIC LAW 95-524—OCT. 27, 1978 "(8) the effect such employment opportunities have had on reducing youth unemployment in the areas of the prime sponsors operating a project; and " (9) the impact of job opportunities provided under the project on other job opportunities for youths in the area.

92 STAT. 1979

"^'' ' •

"Subpart 2—Youth Community Conservation and Improvement Projects II, STATEMENT OF PURPOSE

"SEC. 421. I t is the purpose of this subpart to establish a program 29 USC 899. of community conservation and improvement projects to provide employment, work experience, skill training, and opportunities for community service to eligible youths, for a period not to exceed 12 -• months, supplementary to but not replacing opportunities available under title II. DEFINITIONS <(. ii "SEC. 422. As used in this subpart, the term— "(1) 'eligible applicant' means any prime sponsor qualified '' under section 101 of this Act, sponsors of Native American programs qualified under section 302(c)(1) of this Act, and sponsors of migrant and seasonal farmworkers programs qualified under section 303 of this Act; "(2) 'project applicant' shall have the same meaning as in • section 3 (20) of this Act; "(3) 'eligible youths' means individuals who are unemployed and, at the time of entering employment under this subpart, are ages sixteen to nineteen, inclusive; and " (4) 'community improvement projects' means projects providing work which would not otherwise be carried out, including, J - but not limited to, the rehabilitation or improvement of public facilities; neighborhood improvements; weatherization and basic repairs to low-income housing; energy conservation including ^ solar energy techniques, especially those utilizing materials, and supplies available without cost; removal of architectural barriers to access, by handicapped persons, to public facilities; and conservation, maintenance, or restoration of natural resources on
 * publicly held lands other than Federal lands.

29 USC 900. •^"'^' P- 1^^2. Ante, p. 1964. ^"^' P' l^^^.

, „.,. • ^

"ALLOCATION OF FUNDS

"SEC. 423. (a) Funds available to carry out this subpart for any fiscal 29 USC 901. year shall be allocated in such a manner that not less than 75 percent of such funds shall be allocated among the States on the basis of the relative number of unemployed persons within each State as compared to all States, except that not less than one-half of 1 percent of such funds shall be allocated for projects under this subpart within any one State and not less than one-half of 1 percent of such funds shall be allocated in the aggregate for projects in Guam, the Virgin Islands, American Samoa, the Northern Mariana Islands, and the ^ ^ ' • -' Trust Territory of the Pacific Islands. "(b) Of the funds available for this subpart, 2 percent shall be available for projects for Native American eligible youths, and 2 percent shall be available for projects for eligible youths in migrant and seasonal farmworker families. "(c) The remainder of the funds available for this subpart shall be allocated as the Secretary deems appropriate.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/700

 92 STAT. 1980

PUBLIC LAW 95-524—OCT. 27, 1978 "COMMUNITY CONSERVATION AND IMPROVEMENT YOUTH EMPLOYMENT PROJECTS

29 USC 902.

"SEC. 424. The Secretary is authorized in accordance with the provisions of this subpart, to enter into agreements with eligible applicants to pay the costs of community conservation and improvement youth employment projects to be carried out by project applicants employing eligible youths and appropriate supervisory personnel. "PROJECT APPLICATIONS

29 USC 903.

"SEC. 425. (a) Project applicants shall submit applications for funding of projects under this subpart to the appropriate eligible applicant. Regulations. "(b) In accordance with regulations prescribed by the Secretary, each project application shall— "(1) provide a description of the work to be accomplished by the project, the jobs to be filled, and the approximate duration for which eligible youths would be assigned to such jobs; ' ' > ' '.; "(2) describe the wages or salaries to be paid individuals employed in jobs assisted under this subpart; "(3) set forth assurances that there will be an adequate number • • of supervisory personnel on the project and that the supervisory personnel are adequately trained in skills needed to carry out the project and can instruct participating eligible youths in skills < • ' "(4) set forth assurances that any income generated by the project will be applied toward the cost of the project; "(5) set forth assurances for acquiring such space, supplies, materials, and equipment as necessary, including reasonable payment for the purchase or rental thereof; "(6) set forth assurances that, to the maximum extent feasible, projects carried out under this subpart shall be labor intensive; and "(7) set forth such other assurances, arrangements, and conditions as the Secretary deems appropriate to carry out the purposes of this subpart. uPROPOSED AGREEMENTS
 * . needed to carry out the project;

29 USC 904.

Post, p. 2008.

Ante, p. 1925.

"SEC. 426. (a)(1) Each eligible applicant desiring funds under this subpart shall submit a proposed agreement to the Secretary, together with all project applications approved by the eligible applicant and all project applications approved by any program agent within the area served by the eligible applicant. With its transmittal of the proposed agreement, the eligible applicant shall provide descriptions of the project applications approved by the eligible applicant and by any program agent within the area served by the eligible applicant, accompanied by the recommendations of the eligible applicant concerning the relative piiority attached to each project. "(2) The functions of a program agent shall be as set forth in section 606(b)(2) of this Act. "(b) The proposed agreement submitted by any eligible applicant shall— "(1) describe the method of recruiting eligible youths, including a description of how such recruitment will be coordinated with plans under other provisions of this Act, including arrangements required by section 105, of this Act, and also including a

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Page:United States Statutes at Large Volume 92 Part 2.djvu/701

 PUBLIC LAW 95-524—OCT. 27, 1978

92 STAT. 1981

description of arrangements with school systems, the public employment service (including school cooperative programs), the courts of jurisdiction for status and youthful offenders, and a description of arrangements with public assistance agencies on the employment of youth from families receiving public assistance, -", i including parents of dependent children; "(2) provide a description of job training and skill development opportunities that will be made available to participating .:?':?-;.q,« K eligible youths, as well as a description of plans to coordinate the training and work experience with school-related programs, including the awarding of academic credit; and "(3) set forth such other assurances as the Secretary may require to carry out the purposes of this subpart. "(c)(1) In order for a project application submitted by a project applicant to be submitted to the Secretary by any eligible applicant, copies of such application shall have been submitted at the time of such application to the prime sponsor's planning council established under section 109 (or an appropriate planning organization in the case ^"^e, p. 1930. of sponsors of Native American programs under section 302 of this Act or migrant and seasonal farmworker programs under section 303 of this Act) for the purpose of affording such council (and the youth .--.>] council established under section 436) an opportunity to submit comments and recommendations with respect to that application to the eligible applicant. No member of any council (or organization) shall cast a vote on any matter in connection with a project in which that member, or any organization with which that member is associated, has a direct interest. " (2) Consistent with procedures established by the eligible applicant Regulations, in accordance with regulations which the Secretary shall prescribe, the eligible applicant shall not disapprove a project application submitted by a project applicant unless it has first considered any comments and recommendations made by the appropriate council (or organization) and unless it has provided such applicant and council (or organization) with a written statement of its reasons for such disapproval. u APPROVAL o r

AGREEMENTS

» "SEC. 427. (a) The Secretary may approve or deny on an individual 29 USC 905. basis any of the project applications submitted with any opposed agreement. "(b) No funds shall be made available to any eligible applicant except pursuant to an agreement entered into between the Secretary and the eligible applicant which provides assurances satisfactory to the Secretary that— "(1) the standards set forth in subpart 4 will be satisfied; "(2) projects will be conducted in such manner as to permit eligible youths employed in the project who are in school to coordinate their jobs with classroom instruction and, to the extent feasible, to permit such eligible youths to receive credit from the appropriate educational agency, postsecondary institution, or particular school involved; and "(3) meet such other assurances, arrangements, and conditions as the Secretary deems appropriate to carry out the purposes of this subpart. "WORK LIMITATION

"SEC. 428. No eligible youth shall be employed for more than twelve 29 USC 906. months in work financed under this subpart, except as prescribed by the Secretary.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/702

 92 STAT. 1982

PUBLIC LAW 95-524—OCT. 27, 1978 "Subpart 3—Youth Employment and Training Programs 'STATEMENT OF PURPOSE

29 USC 907. Ante, p. 1950.

"SEC. 431. It is the purpose of this subpart to establish programs designed to make a significant long-term impact on the structural unemployment problems of youth, supplementary to but not replacing programs and activities available under title II of this Act, to enhance the job prospects and career opportunities of young persons, including employment, community service opportunities, and such training and supportive services as are necessary to enable participants to secure suitable and appropriate unsubsidized employment in the public and private sectors of the economy. To the maximum extent feasible, training and employment opportunities afforded under this subpart shall be interrelated and mutually reinforcing so as to achieve the goal of enhancing the job prospects and career opportunities of youths served under this subpart.

.em I. uPROGRAMS AUTHORIZED

Financial assistance. 29 USC 908.

"SEC. 432. (a) The Secretary is authorized to provide financial assistance to enable eligible applicants to provide employment opportunities and appropriate training and supportive services for eligible participants, including— "(1) useful work experience opportunities in a wide range of community betterment activities such as rehabilitation of public )roperties, assistance in the weatherization of homes occupied by ow-income families, demonstrations of energy-conserving measures, including solar energy techniques (especially those utilizing materials and supplies available without cost), park establishment and upgrading, neighborhood revitalization, conservation and improvements, removal of architectural barriers to access, by handicapped individuals, to public facilities, and related activities; "(2) productive employment and work experience in fields such as education, health care, neighborhood transportation services, crime prevention and control, environmental quality control (including integrated pest management activities), preservation ' i i of historic sites, and maintenance of visitor facilities; "(3) approprate training and services to support the purpose of this subpart, including— " (A) outreach, assessment, and orientation; "(B) counseling, including occupational information and career counseling; "(C) activities promoting education to work transition; "(D) development of information concerning the labor market, and provision of occupational, educational, and training information; (E) services to youth to help them obtain and retain employment; .« " (F) literacy training and bilingual training; " m) attainment of certificates of high school equivalencv; " (H) job sampling, including vocational exploration in the public and private sector; " (I) institutional and on-the-job training, including development of basic skills and job skills; " (J) transportation assistance; "' ii" 5 " (K) child care and other necessary supportive services;

f

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Page:United States Statutes at Large Volume 92 Part 2.djvu/703

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

92 STAT. 1983

'

" (L) job restructuring to make jobs more responsive to the objectives of this subpart, including assistance to employers in developing job ladders or new job opportunities for youths, «.. in order to improve work relationships between employers and youths; "(M) community-based central intake and information services for youth; "(N) job development, direct placement, and placement > assistance to secure unsubsidized employment opportunities for youth to the maximum extent feasible, and referral to ' employability development programs; "(O) programs to overcome sex-stereotyping in job devel•J: opment and placement; and ^ " (P) programs and outreach mechanisms to increase the labor force participation rate among minorities and women. "(b) In order to carry out this subpart, a Governor or a prime Consultation, sponsor may enter into contracts with project applicants (as defined in section 3(20)) or employers organized for profit, but payments to -Ante, p. 1912. such employers shall not exceed the amounts permitted under section 121(1), or may operate programs directly if, after consultation with Ante, p. 1934. community-based organizations and nonprofit groups, a Governor or prime sponsor determines that such direct operation will promote the purposes of this subpart. ((ALLOCATION

OF FUNDS

"SEC. 433. (a) From the sums available for this subpart— 29 USC 909. "(1) an amount equal to 75 percent of such funds shall be made available to prime sponsors for programs authorized under section 432; "(2) an amount equal to 5 percent of the amount available for this part shall be made available to Governors for special statewide youth services under subsection (c); "(3) an amount equal to not less than 2 percent of the amount available for this part shall be made available for employment and training programs for Native American eligible youths (deducting such amounts as are made available for such purposes under section 423(b)); "(4) an amount equal to not less than 2 percent of the amount available for this part shall be made available for employment and training programs for eligible youths in migrant and seasonal farmworker families (deducting such amounts as are made availii > able for such purposes under section 423(b)); and iK; " (5) the remainder of the funds available for this subpart shall be available for the Secretary's discretionary projects authorized under section 438. "(b)(1) Amounts available for each of the purposes set forth in paragraphs (1) and (2) of subsection (a) shall be allocated among the States in such a manner that— "(A) 37.5 percent thereof shall be allocated in accordance with the relative number of unemployed persons within each State as compared to the total number of such unemployed persons in all States; " (B) 37.5 percent thereof shall be allocated in accordance with the relative number of unemployed persons residing in areas of substantial unemployment (as defined in section 3(2)) within each -^«'«. P- 1912. State as compared to the total number of unemployed persons residing in all such areas in all States; and

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Page:United States Statutes at Large Volume 92 Part 2.djvu/704

 92 STAT. 1984

PUBLIC LAW 95-524—OCT. 27, 1978

" (C) 25 percent thereof shall be allocated in accordance with the relative number of persons in families with an annual income Ante, p. 1912. below the low-income level (as defined in section 3(16)) within States. "(2) In determining allocations under this subsection the Secretary shall use what the Secretary determines to be the best available data. "(3) Amounts available to prime sponsors under paragraph (1) of subsection (a) shall, out of the total amounts allocated to each State under such paragraph, be allocated by the Secretary among prime sponsors within each State, in accordance with the factors set forth in paragraph (1) of this subsection. "(c) The amount available to the Governor of each State under paragraph (2) of subsection (a) shall be used in accordance with a special statewide youth services plan, approved by the Secretary, for such pur-.•:jf"'j%rr' poses as— " (1) providing financial assistance for employment and training r i - J.°A". opportunities for eligible youths who are under the supervision of the State; Kvs.4 - - 1 "(2) providing labor market and occupational information to prime sponsors and local educational agencies, without reimbursement; "(3) providing for the establishment of cooperative efforts between State and local institutions, including (A) occupational and career guidance and counseling and placement services for in-school and out-of-school youth; and (B) coordination of statewide activities carried out under the Career Education Incentive 20 USC 2601 Act; oote. "(4) providing for the establishment of cooperative efforts between State and local institutions, including occupational and ic career guidance and counseling and placement services for -'i in-school and out-of-school youth; "(5) providing financial assistance for expanded and experimental programs in apprenticeship trades, or development of new apprenticeship arrangements, in concert with appropriate businesses and labor unions or State apprenticeship councils; and "(6) carrying out special model employment and training programs and related services between appropriate State agencies and prime sponsors in the State, or any combination of such prime sponsors, including subcontractors selected by prime sponsors, with particular emphasis on experimental job training within the private sector. "(d)(1) Not less than 22 percent of the amount allocated to each prime sponsor under paragraph (1) of subsection (a) of this section shall be used for programs under this subsection. "(2) The amou^nt available to each prime sponsor under paragraph (1) shall be used for programs for in-school youth carried out pursuant to agreements between prime sponsors and local educational agencies. Each such agreement shall describe in detail the employment opportunities and appropriate training and supportive services which shall be provided to eligible participants who are enrolled or who agree to enroll in a full-time program leading to a secondary school diploma, a junior or community college degree, or a technical or trade school certificate of completion. Each such agreement shall contain provisions to assure that funds received pursuant to the agreement will not .iLi^i.!j,''• r supplant State and local funds expended for the same purpose.
 * * each State as compared to the total number of such persons in all

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Page:United States Statutes at Large Volume 92 Part 2.djvu/705

 PUBLIC LAW 95-524—OCT. 27, 1978

92 STAT. 1985

"(e) Programs receiving assistance under paragraph (1) of subsection (a) shall give special consideration in carrying out programs authorized under section 432, to community-based organizations (as defined in section 3(4)) which have demonstrated Ante, ip. 1912. effectiveness in the delivery of employment and training services. "ELIGIBLE APPLICANTS

"SEC. 434. Eligible applicants for purposes of this subpart, except section 438, are prime sponsors qualified under section 101, sponsors of Native American programs qualified under section 302(c)(1), and sponsors of migrant and seasonal farmworker programs qualified under section 303.

29 USC 910. Ante, p. 1917. Ante, p. 1962. Ante, p. 1964.

"ELIGIBLE PARTICIPANTS

"SEC. 435. Eligible participants for programs authorized under this Regulations, subpart shall be persons who— ^^ ^^^ ^^^• "(1)(A) are unemployed or are underemployed or are in school and are ages 16 to 21, inclusive; or (B) if authorized under such regulations as the Secretary may prescribe, are in school and are ages 14 to 15, inclusive; and "(2) are not members of households which have current gross ., family income, adjusted to an annualized basis (exclusive of ' • '•'' unemployment compensation and all Federal, State, and local income-tested or needs-tested public payments) at a rate exceeding 85 percent of the lower living standard income level, except that, pursuant to regulations which the Secretary shall prescribe, persons who do not meet the requirements of this subparagraph but who are otherwise eligible under this subpart may participate in appropriate activities of the type authorized under section 432(a). Notwithstanding the provisions of subsection (a), 10 percent of the funds available for this subpart may be used for programs which include youths of all economic backgrounds to test the desirability of including youths of all economic backgrounds. ii

CONDITIONS FOR RECEIPT or FINANCIAL ASSISTANCE

"SEC. 436. (a) The Secretary shall not provide financial assistance 29 USC 912. to an eligible applicant for programs authorized under section 432 unless such eligible applicant provides assurances that the standards set forth in subpart 4 will be met and unless such eligible applicant submits an application in such detail as the Secretary may prescribe. Each such application shall— "(1) describe the programs, projects, or activities to be carried out with such assistance, together with a description of the relationship and coordination of services provided to eligible participants under this subpart for similar services offered by local educational agencies, postsecondary institutions, the public employment service, the courts of jurisdiction for status and youthful offenders, other youth programs, community-based organizations, businesses and labor organizations consistent with the requirements of sections 121 and 203, and assurances that, to Ante, pp. 1934, the maximum extent feasible, use will be made of any services 1953. that are available without reimbursement by the State employment service that will contribute to the achievement of the purposes of this subpart; 39-194 O—80—pt. 2

45: QL3

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Page:United States Statutes at Large Volume 92 Part 2.djvu/706

 92 STAT. 1986

Ante, p. 1950.

20 USC 2601 note. Ante, p. 1943.

Ante, p. 1930.

Youth council, recommendations.

PUBLIC LAW 95-524—OCT. 27, 1978 " (2) include assurances that the application will be coordinated to the maximum extent feasible, with the plans submitted under title II, but services to youth under that title shall not be reduced because of the availability of financial assistance under this subpart; "(3) provide assurances, satisfactory to the Secretary, that in the implementation of programs under this subpart, there will be coordination, to the extent appropriate, with local educational agencies, postsecondary institutions, community-based organizations, public assistance agencies, businesses, labor organizations, job training programs, other youth programs, the apprenticeship system, the courts of jurisdiction for status and youthful offenders programs, and (with respect to the referral of prospective youth participants to the program) the public employment service system; "(4) provide assurances that in the implementation of programs under this subpart, there will be coordination, to the extent feasible, with activities conducted under the Career Education Incentive Act; " (5) provide assurance satisfactory to the Secretary that allowances will be paid in accordance with the provisions of section 124 and such regulations as the Secretary may prescribe for this subpart; "(6) provide assurances that the application will be reviewed by the appropriate prime sponsor planning council in accordance with the provisions of section 109; "(7) provide assurances that a youth council will be established under the jilanning council of such eligible applicant (established under section 109) in accordance with subsection (b) of this section; "(8) provide assurances satisfactory to the Secretary that effective means will be provided through which youths participating in the projects, programs, and activities may acquire appropriate job skills and be given necessary basic education and training and that suitable arrangements will be established to document the competencies, including skills, education, and training, derived by each participant from programs established under this subpart; "(9) provide assurances that the eligible applicant will take appropriate steps to develop new job classifications, new occupations, and restructured jobs; "(10) provide that the funds available under section 433(d) shall be used for programs authorized under section 432 for in-school youth who are eligible participants through arrangements to be carried out by a local educational agency or agencies or postsecondary educational institution or institutions; and "(11) provide such other information and assurance as the Secretary may deem appropriate to carry out the purposes of this svibpart. "(b) Each youth council established by an eligible applicant shall be responsible for making recommendations to the planning council established under section 109 with respect to planning and review of activities conducted under this subpart and subpart 2. Each such youth council's membership shall include representation from the local educational agency, local vocational education advisory council, postsecondary educational institutions, business, unions, the public employment service, local government and nongovernment agencies and •>.,iQ

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Page:United States Statutes at Large Volume 92 Part 2.djvu/707

 PUBLIC LAW 95-524—OCT. 27, 1978 organizations which are involved in meeting the special needs of youths, the community served by such applicant, the prime sponsor, and youths themselves. "(c) No program of work experience for in-school youth supported under this subpart shall be entered into unless an agreement has been made between the prime sponsor and a local educational agency or agencies, after review by the youth council established under subsection (b). Each such agreement shall— "(1) set forth assurances that participating youths will be provided meaningful work experience, which will improve their ability to make career decisions and which will provide them with basic work skills needed for regular employment or self-employment not subsidized under this in-schopl program; " (2) be administered, under agreements with the prime sponsor, by a local educational agency or agencies or a postsecondary educational institution or institutions within the area served by the prime sponsor, and set forth assurances that such contracts have been reviewed by the youth council established under subsection

92 STAT. 1987

Agreement between prime sponsor and local educational agency.

"(3) set forth assurances that job information, counseling, guidance, and placement services will be made available to participating youths and that funds provided under this program will be available to, and utilized by, the local educational agency or agencies to the extent necessary to pay the cost of school-based counselors to carry out the provisions of this in-school program; " (4) set forth assurances that jobs provided under this program will be certified by the participating educational agency or institution as relevant to the educational and career goals of the participating youths; "(5) set forth assurances that the eligible applicant will advise participating youths of the availability of other employment and training resources provided under this Act, and other resources available in the local community to assist such youths in obtaining employment or self-employment; " (6) set forth assurances that youth participants will be chosen from among youths who are eligible participants who need work to remain in school, and shall be selected by the appropriate educational agency or institution, based on the certification for each participating youth by the school-based guidance counselor that the work experience provided is an appropriate component of the overall educational program of each youth. REVIEW OF PLANS BY SECRETARY

"SEC. 437. The provisions of sections 102,104, and 107 shall apply to 29 USC 913. Ante, pp. 1918, all programs and activities authorized under section 432. 1922, 1929.

"SECRETARY'S DISCRETIONARY PROJECTS

"SEC. 438. (a)(1) The Secretary of Labor is authorized, either 29 USC 914. directly or by way of contract or other arrangement, with prime sponsors, public agencies, and private organizations to carry out innovative and experimental programs to test new approaches for dealing with the unemployment problems of youth and to enable eligible participants to prepare for, enhance their prospects for, or secure employment in occupations through which they may reasonably be expected to advance to productive working lives. Such programs shall include,

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Page:United States Statutes at Large Volume 92 Part 2.djvu/708

 92 STAT. 1988

Consultation.

Transfer of funds.

Ante, p. 1912.

PUBLIC LAW 95-524—OCT. 27, 1978 where appropriate, cooperative arrangements with educational agencies to provide special programs and services for eli^ble participants enrolled in secondary schools, postsecondary educational institutions, and technical and trade schools, including job experience, counseling and guidance prior to the completion of secondary or postsecondary education and making available occupational, educational, and training information through statewide career information systems. "(2) In carrying out or supporting such programs, the Secretary shall consult, as appropriate, with the Secretary of Commerce, the Secretary of Health, Education, and Welfare, the Secretary of Housing and Urban Development, the Secretary of Agriculture, the Director of the ACTION Agency, and the Director of the Community Services Administration. "(3) Funds available under this section may be transferred to other Federal departments and agencies to carry out functions delegated to them pursuant to agreements with the Secretary. "(b) The Secretary and prime sponsors, as the case may be, shall give special consideration in carrying out innovative and experimental programs assisted under this section to community-based organizations (as defined in section 3(4)) which have demonstrated effectiveness in the delivery of employment and training services. YOUTH EMPLOYMENT INCENTIVE AND SOCIAL BONUS PROGRAM

29 USC 915.

"SEC. 439. (a) From funds available under section 438 the Secretary, through the use of prime sponsors where feasible, shall carry out in not more than 10 areas of high youth unemployment a youth employment incentive and social bonus demonstration program in order to test the efficacy of providing incentives for private industry to establish additional employment opportunities for youth without significant previous employment experience. " (b)(1) The Secretary shall provide a social bonus of not more than $2,500 per year, in such amount and in such manner as the Secretary shall prescribe, to each employer who, pursuant to an agreement under this section, has employed 5 eligible youths for at least 35 hours per week for a period of not less than one year. The Secretary may allow for payment after 9 months in exceptional circumstances. "(2) A youth is eligible if such youth is economically disadvantaged, unemployed, and has no significant previous employment, as determined by the Secretary. No youth may participate in this program for more than 18 months. "(3) An employer may receive a social bonus for each such youth employed if— " (A) the employer has at least 5 eligible youths in the program; and "(B) the employer offers each youth in the program appropriate training, supportive services, and counseling. If such training includes on-the-job training, the social bonus shall be in addition to any moneys received under the on-the-job training agreement. "(c) In the selection of employers to carry out projects under this section, the Secretary shall give priority to urban poverty areas in which the State or local government provides for special tax treatment for any employer which locates or expands within the urban poverty area, and to any employer establishing a new facility in an urban poverty area.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/709

 PUBLIC LAW 95-524—OCT. 27, 1978 "(d) No payment for a social bonus may be made under this section unless— "(1) youth employed under this program are paid no less than the higher of the prevailing rate of pay for the occupation and job classification of individuals employed by the same employer, or the minimum wage under section 6(a)(1) of the Fair Labor Standards Act of 1938 or the applicable State or local minimum wage; and "(2)(A) the conditions of this Act are followed including sections 121(g)(1)(B) (relating to maintenance of effort^, 121(f)(1) (relating to meaningful training and employment), and 123(a) (relating to jobs in low wage industries); and "(B) the employment will not result in the filling of a job opening created by the action of the employer in laying off or terminating the employment of any regular employee in anticipation of filling the vacancy so created by hiring a youth employee in order to receive such social bonus. "(e) An employer who receives a social bonus under this section may not receive, apply for, or accept any financial advantage from the Federal Government for such employment other than as specified in this Act. "(f)(1) The Secretary, in consultation with the Secretary of the Treasury and other appropriate Federal officials, shall assure that activities carried out under this section are coordinated with any appropriate other activities under which employers are provided incentives or credits by the Federal Government for the employment of comparably unemployed individuals. "(2) Not later than 36 months after the date of enactment of this section the Secretary, in consultation with the Secretary of the Treasury and other appropriate Federal officials shall submit to the appropriate committees of the Congress a report on the results of activities carried out under this section in comparison to the results of such other activities. "Subpart 4—General Provisions

92 STAT. 1989 Requirements.

29 USC 206.

Ante, p. 1934. Ante, p. 1941.

Financial help, prohibition.

Consultation with Secretary of the Treasury.

Report to Congress.

a.DISTRIBUTION OF FUNDS

"SEC. 441. Of the sums available for carrying out the provisions 29 USC 916. of this part— " (1) 15 percent shall be available for subpart 1; " (2) 15 percent shall be available for subpart 2; and " (3) 70 percent shall be available for subpart 3. <WAGE (

PROVISIONS

"SEC. 442. Kates of pay under this part shall be no less than the 29 USC 917. higher of— "(1) the minimum wage under section 6(a)(1) of the Fair Labor Standards Act of 1938, but in the case of an individual who is 14 or 15 years old, the wage provided in accordance with the provisions of subsection (b) of section 14 of the Fair Labor Standards Act of 1938; 29 USC 214. "(2) the State or local minimum wage for the most nearly comparable employment, but in the case of an individual who is 14 or 15 years old the wage provided in accordance with the applicable provisions of the applicable State or local minimum wage law; or

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Page:United States Statutes at Large Volume 92 Part 2.djvu/710

 92 STAT. 1990

Agreement with employer and labor organization. Job reclassification.

Pay rates.

Job classification, determination.

Rates of pay. 40 USC 276a note.

PUBLIC LAW 95-524—OCT. 27, 1978 "(3) the prevailing rates of pay, if any, for occupations and job classifications of individuals employed by the same employer, except that— "(A) whenever the prime sponsor has entered into an agreement with the employer and the labor organization representing employees engaged in similar work in the same area to pay less than the rates provided in this paragraph, youths may be paid the rates specified in such agreement; (B) whenever an existing job is reclassified or restructured, youths employed in such jobs shall be paid at rates not less than are provided under paragraph (1) or (2), but if a labor organization represents employees engaged in similar work in the same area, such youths shall be paid at rates specified in an agreement entered into by the appropriate prime sponsor, the employer, and the labor organization with respect to such reclassified or restructured jobs, and if no agreement is reached within thirty days after the initiation of the agreement procedure referred to in this clause the labor organization, prime sponsor, or employer may petition the Secretary, who shall establish appropriate wages for the reclassified or restructured positions, taking into account wages paid by the same employer to persons engaged in similar work; "(C) whenever a new or different job classification or occupation is established and there is no dispute with respect to such new or different job classification or occupation, youths to be employed in such jobs shall be paid at rates not less than are provided in paragraph (1) or (2), but if there is a dispute with respect to such new or different job classification or occupation, the Secretary, shall within 30 days after receipt of the notice of protest by the labor organization representing employees engaged in similar work in the same area, make a determination whether such job is a new or different job classification or occupation; and "(D) in the case of projects to which the provision of the Davis-Bacon Act (or any Federal law containing labor standards in accordance with the Davis-Bacon Act) otherwise apply, the Secretary is authorized, for projects financed under subparts 2 and 3 under $5,000, to prescribe rates of pay for youth participants which are not less than the applicable minimum wage but not more than the wage rate of the entering apprentice in the most nearly comparable apprenticeable trade, and to prescribe the appropriate ratio of journeymen to such participating youths. ii

Financial assistance.

29 USC 918.

SPECIAL CONDITIONS

"SEC. 443. (a) The Secretary shall provide financial assistance under this part only if he determines that the activities to be assisted meet the requirements of this section. " (b) The Secretary shall determine that the activities assisted under this part— "(1) will result in an increase in employment opportunities over those opportunities which would otherwise be available; "(2) will not result in the displacement of currently employed workers (including partial displacement such as reduction in the hours of nonovertime work or wages or employment benefits);

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Page:United States Statutes at Large Volume 92 Part 2.djvu/711

 92 STAT. 1991

PUBLIC LAW 95-524—OCT. 27, 1978 "(3) 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; "(4) will not substitute jobs assisted under this part for existing federally assisted jobs; "(.5) will not employ any youth when any other person is on layoff by the employer from the same or any substantially equivalent job in the same area; and " (6) will not be used to employ any person to fill a job opening created by the act of an employer in laying off or terminating employment of any regular employee, or otherwise reducing the regular work force not supported under this part, in anticipation of filling the vacancy so created by hiring a youth to be supported under this part. "(c) The jobs in each promotional line will in no way infringe upon the promotional opportunities which would otherwise be available to persons currently employed in public services not subsidized under this Act and no job will be filled in other than an entry level position in each promotional line until applicable personnel procedures and collective-bargaining agreements have been complied with. "(d) Where a labor organization represents employees who are engaged in similar work in the same area to that proposed to be performed under the program for which an application is being developed for submission under this part, such organization shall be notified and shall be afforded a reasonable period of time prior to the submission of the application in which to make comments to the applicant and to the Secretary. "(e) Activities funded under this part shall meet such other standards as the Secretary may deem appropriate to carry out the purposes of this Act. "(f) Funds under this part shall not be used to provide full-time employment opportunities (1) for any person who has not attained the age with respect to which the requirement of compulsory education ceases to apply under the laws of the State in which such individual resides, except (A) during periods when school is not in session and (B) where employment is undertaken in cooperation with schoollelated programs awarding academic credit for the work experience, or (2) for any person who nas not attained a high school degree or its equivalent if it is determined, in accordance with procedures established by the Secretary, that there is substantial evidence that such person left school in order to participate in any program under this part. " S P E C I A L PROVISIONS FOR S U B P A R T S

2 AND

Labor organization, notifications.

Full-time employment, prohibitions.

3

"SEC. 444, (a) Appropriate efforts shall be made to ensure that Handicapped and youths participating in programs, projects, and activities under sub- others. parts 2 and 3 shall be youths who are experiencing severe handicaps 29 USC 919. in obtaining employment, including but not limited to those who lack credentials (such as a high school diploma), those who require substantial basic and remedial skill development, those who are women and minorities, those who are veterans of military service, those who are offenders, those who are handicapped, those with dependents, or those who have otherwise demonstrated special need, as determined by the Secretary, "(b) The Secretary is;iuthorized to make such reallocation as the Reallocation. Secretary deems appropriate of any amount of any allocation under subparts 2 and 3 to the extent that the Secretary determines that an

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Page:United States Statutes at Large Volume 92 Part 2.djvu/712

 PUBLIC LAW 95-524—OCT. 27, 1978

92 STAT. 1992

Publication in Federal Register.

Ante, p. 1934.

eligible applicant will not be able to use such amount within a reasonable period of time. Any such amount may be reallocated only if the Secretary has provided 30 days' advance notice of the proposed reallocation "to the eligible applicant and to the Governor of the State of the proposed reallocation, during which period of time the eligible applicant and the Governor may submit comments to the Secretary. After considering any comments submitted during such period, the Secretary shall notify the Governor and affected eligible applicants of any decision to reallocate funds, and shall publish any such decision in the Federal Register. Priority shall be given in reallocating such funds to other areas within the same State. "(c) The provisions of section 121(g)(1)(C) shall apply to subparts 2 and 3. "ACADEMIC

29 USC 920. Cooperation with Secretary of HEW.

Regulations.

(CREDIT, EDUCATION CREDIT, COUNSELING AND PLACEMENT SERVICES, AND BASIC SKILLS DEVELOPMENT

"SEC. 445. (a) In carrying out this part, appropriate efforts shall be made to encourage the granting by the educational agency or school involved of academic credit to eligible participants who are in school. "(b) The Secretary, in carrying out the purposes of this part, shall cooperate with the Secretary of Health, Education, and Welfare to make suitable arrangements with appropriate State and local education officials whereby academic credit may be awarded, consistent with applicable State law, by educational institutions and agencies for competencies derived from work experience obtained through programs established under this part. " (c) All activities assisted under this part, pursuant id such regulations as the Secretary shall prescribe, shall provide appropriate counseling and placement services designed to facilitate the tr.ansition of youth from participation in the project to (1) peimanent jobs in the public or private sector, or (2) education or training programs. u DISREGARDING EARNINGS

29 USC 921.

"SEC. 446. Earnings and allowances received by any youth under this part shall be disregarded in determining the eligibility of the youth's family for, and the amount of, any benefits based on need under any Federal or federally assisted programs. u RELATION TO OTHER

29 USC 922. Ante, p. 1917.

PROVISIONS

"SEC. 447. The provisions of title I shall apply to this part, except to the extent that any such provision may be inconsistent with the provisions of this part. "PART B — J O B CORPS

((STATEMENT Establishment. 29 USC 923.

OF PURPOSE

"SEC. 450. This part establishes a Job Corps for economically 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

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