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96 STAT. 1322 PUBLIC LAW 97-300—OCT. 13, 1982
Public Law 97-
97th Congress
An Act
Oct. 13, 1982 [S. 2036] To provide for a job training program and for other purposes.
) Training Partnership Act
Be it enacted by the Senate and House of Representatives of the
Job Training United States of America in Congress assembled,
SHORT TITLE; TABLE OP CONTENTS
29 use 1501 SECTION 1. This Act may be cited as the "Job Training Partner-
note, ship Act".
TABLE OF CONTENTS
Sec. 1. Short title; table of contents. Sec. 2. Statement of purpose. Sec. 3. Authorization of appropriations. Sec. 4. Definitions.
TITLE I-nJOB TRAINING PARTNERSHIP
PAKT A—SERVICE DELIVERY SYSTEM Sec. 101. Establishment of service delivery areas. Sec. 102. Establishment of private industry council. Sec. 103. Functions of private industry council. Sec. 104. Job training plan. Sec. 105. Review and approval of plan. Sec. 106. Performance standards. Sec. 107. Selection of service providers. Sec. 108. Limitation on certain costs.
PART B—ADDITIONAL STATE RESPONSIBILITIES Sec. 121. Governor's coordination and special services plan. Sec. 122. State job training coordinating council. Sec. 123. State education coordination and grants. Sec. 124. Training programs for older individuals. Sec. 125. State labor market information programs. Sec. 126. Authority of State legislature. Sec. 127. Interstate agreements. PART C—PROGRAM REQUIREMENTS FOR SERVICE DELIVERY SYSTEM Sec. 141. General program requirements. Sec. 142. Benefits. Sec. 143. Labor standards. Sec. 144. Grievance procedure. Sec. 145. Prohibition against Federal control of education. PART D—FEDERAL AND FISCAL ADMINISTRATIVE PROVISIONS Sec. 161. Program year. Sec. 162. Prompt cdlocation of funds. Sec. 163. Monitoring. Sec. 164. Fiscal controls; sanctions. Sec. 165. Reports, recordkeeping, and investigations. Sec. 166. Administrative abjudication. Sec. 167. Nondiscrimination. Sec. 168. Judicial review. Sec. 169. Administrative provisions. Sec. 170. Utilization of services and facilities. Sea 171. Obligational authority.
PUBLIC LAW 97-300—OCT. 13, 1982 96 STAT. 1323
PART E—MISCELLANEOUS PROVISIONS
Sec. 181. Transition. Sec. 182. Criminal provisions. Sec. 183. Reference. Sec. 184. Repealers.
TITLE n-TRAINING SERVICES FOR THE DISADVANTAGED PART A—ADULT AND YOUTH PROGRAMS
Sec. 201. Allotment. Sec. 202. Within State allocation. Sec. 203. Eligibility for services. Sec. 204. Use of funds. Sec. 205. Exemplary youth programs.
PART B—SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAMS
Sec. 251. Authorization of appropriations; allotment and allocation. Sec. 252. Use of funds. Sec. 253. Limitations. Sec. 254. Applicable provisions.
TITLE ra-EMPLOYMENT AND TRAINING ASSISTANCE FOR DISLOCATED WORKERS
Sec. 301. Allocation of funds. Sec. 302. Identification of dislocated workers. Sec. 303. Authorized activities. Sec. 304. Matching requirement. Sec, 305. Program review. Sec. 306. Consultation with labor organizations. Sec. 307. Limitations. Sec. 308. State plans; coordination with other programs. TITLE IV-FEDERALLY ADMINISTERED PROGRAMS PART A—EMPLOYMENT AND TRAINING PROGRAMS FOR NATIVE AMERICANS AND MIGRANT AND SEASONAL FARMWORKERS Sec. 401. Native American programs. Sec. 402. Migrant and seasonal farmworker programs. PART B—JOB CORPS Sec. 421. Statement of purpose. Sec. 422. Establishment of the Job Corps. Sec. 423. Individuals eligible for the Job Corps. Sec. 424. Screening and selection of applicants: general provisions. Sec. 425. Screening and selection: special limitations. Sec. 426. Enrollment and assignment. Sec. 427. Job Cori» centers. Sec. 428. Program activities. Sec. 429. Allowances and support. Sec. 430. Standards of conduct. Sec. 431. Community participation. Sec. 432. Counseling and job placement. Sec. 433. Experimental and developmental projects and coordination with other programs. Sec. 434. Advisory boards and committees. Sec. 435. Participation of the States. Sec. 436. Application of provisions of Federal law. Sec. 437. Special provisions. Sec. 438. Grenered provisions. Sec. 439. Donations.
PART C—VETERANS' EMPLOYMENT PROGRAMS Sec. 441. Programs authorized. PART D—NATIONAL AcnvrnES Sec. 451. Multistate programs. Sec. 452. Research and demonstration. Sec. 453. Pilot projects. Sec. 454. Evaluation.
PUBLIC LAW 97-300—OCT. 13, 1982 96 STAT. 1325
DEFINITIONS
SEC. 4. For the purposes of this Act, the following definitions 29 use i503. apply: (1) The term "academic credit" means credit for education, training, or work experience applicable toward a secondary school diploma, a postsecondary degree, or an accredited certifi- cate of completion, consistent with applicable State law and regulation and the requirements of an accredited educational agency or institution in a State. (2) The term "administrative entity" means the entity desig- nated to administer a job training plan under section 103(b)(1)(B). (3) The term "area of substantial unemployment" means any area of sufficient size and scope to sustain a program under part A of title II of this Act and which has an average rate of unemployment of at least 6.5 percent for the most recent twelve months as determined by the Secretary. Determinations of areas of substantial unemployment shall be made once each fiscal year. (4) The term "chief elected official" includes— (A) in the case of a State, the Governor; (B) in the District of CJolumbia, the mayor; and (C) in the case of a service delivery area designated under section 101(aX4)(AXiii), the governing body. (5) The term "communitv-based organizations" means private nonprofit organizations wnich are representative of communi- ties or significant segments of communities and which provide job training services (for example, Opportunities Industrializa- tion Centers, the National Urban League, SER-Jobs for Prog- ress, United Way of America, Mainstream, the National Puerto Rican Forum, National Council of La Raza, 70,001, Jobs for Youth, organizations operating career intern programs, neigh- borhood groups and organizations, community action agencies, community development corporations, vocational rehabilitation organizations, rehabilitation facilities (as defined in section 7(10) of the Rehabilitation Act of 1973), agencies serving youth, 29 use 706. agencies serving the handicapped, agencies serving displaced homemakers, union-related organizations, and employer-related nonprofit organizations), and organizations serving nonreserva- tion Indians (including the National Urban Indian Council), as well as tribal governments and Native Alaskan groups. (6) Except as otherwise provided therein, the term "council" means the private industry council established under section
(7) The term "economic development agencies" includes local planning and zoning commissions or boards, community devel- opment agencies, and other local agencies and institutions responsible for regulating, promoting, or assisting in local economic development. (8) The term "economically disadvantaged" means an individ- ual who (A) receives, or is a member of a family which receives, cash welfare payments under a Federal, State, or local welfare program; (B) has, or is a member of a family which has, received a total family income for the six-month period prior to applica- tion for the program involved (exclusive of unemployment com- pensation, child support payments, and welfare payments)
96 STAT. 1326 PUBLIC LAW 97-300—OCT. 13, 1982
which, in relation to family size, was not in excess of the higher of (i) the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget, or (ii) 70 percent of the lower living standard income level; (C) is receiving food stamps pursuant to the Food Stamp Act of 1977; (D) is a foster child on behalf of whom State or local government pasnnents are made; or (E) in cases permitted by regulations of the Secretary, is an adult handicapped individual whose own income meets the requirements of clause (A) or (B), but who is a member of a family whose income does not meet such requirements. (9) The term "Governor" means the chief executive of any State. (10) The term "handicapped individual" means any individual who has a physical or mental disability which for such individual constitutes or results in a substantial handicap to emplo3rment. (11) The term "Hawaiian native" means any individual any of whose ancestors were natives, prior to 1778, of the area which now comprises the State of Hawaii. (12) The term "institution of higher education" means any institution of higher education as that term is defined in section 20 use 1141. 1201(a) of the Higher Education Act of 1965. (13) The term "labor market area" means an economically integrated geographic area within which individuals can reside and find employment within a reasonable distance or can read- ily change employment without changing their place of resi- dence. Such areas shall be identified in accordance with criteria used by the Bureau of Labor Statistics of the Department of Labor in defining such areas or similar criteria established by a Governor. (14) The term "local educational agency" means such an agency as defined in section 195(10) of the Vocational Education 20 use 2461. Act of 1963. (15) The term "low-income level" means $7,000 with respect to income in 1969, and for any later year means that amount which bears the same relationship to $7,000 as the Consumer Price Index for that year bears to the Consumer Price Index for 1969, rounded to the nearest $1,000. (16) The term "lower living standard income level" means that income level (adjusted for regional, metropolitan, urban, and rural differences and family size) determined annually by the Secretary based on the most recent "lower living family budget" issued by the Secretary. (17) The term "offender" means any adult or juvenile who is or has been subject to any stage of the criminal justice process for whom services under this Act may be beneficial or who requires assistance in overcoming artificial barriers to employ- ment resulting from a record of arrest or conviction. (18) The term "postsecondary institution" means an institu- tion of higher education as that term is defined in section 20 use 1088. 481(aXl) of the Higher Education Act of 1965. (19) The term "private sector" means, for purposes of the State job training councils and private industry councils, per- sons who are owners, chief executives or chief operating officers of private for-profit employers and major nongovernmental em- ployers, such as health and educational institutions or other
96 STAT. 1328 PUBLIC LAW 97-300—OCT. 13, 1982
(C)(i) is consistent with labor market areas or standard metro- politan statistical areas, but this clause shall not be construed to require designation of an entire labor market area; or (ii) is consistent with areas in which related services are provided under other State or Federal programs. (2) The Council shall include in its proposal a written explanation of the reasons for designating each service delivery area. (3) Units of general local government (and combinations thereof), business organizations, and other affected persons or organizations shall be given an opportunity to comment on the proposed designa- tion of service delivery areas and to request revisions thereof. Request. (4)(A) The Govemor shall approve any request to be a service delivery area from— (i) any unit of general local government with a population of 200,000 or more; (ii) any consortium of contiguous units of general local gov- ernment with an aggregate population of 200,000 or more which serves a substantial part of a labor market area; and (iii) any concentrated employment program grantee for a rural area which served as a prime sponsor under the Compre- Post, p. 1357. hensive Employment and Training Act. (B) The Governor may approve a request to be a service delivery area from any unit of general local government or consortium of contiguous units of general local government, without regard to population, which serves a substantial portion of a labor market area. (C) If the Governor denies a request submitted under subpara- graph (A) and the entity making such request alleges that the decision of the Governor is contrary to the provisions of this section, such entity may appeal the decision to the Secretary, who shall make a final decision within 30 days after such appeal is received. (b) The Governor shall make a final designation of service delivery areas within the State. Before making a final designation of service delivery areas for the State, the Governor shall review the com- ments submitted under subsection (aX3) and requests submitted under subsection (a)(4). (c)(1) In accordance with subsection (a), the Governor may redesig- nate service delivery areas no more frequently than every two years. Such redesignations shall be made not later than 4 months before the beginning of a program year. (2) Subject to paragraph (1), the Governor shall make such a redesigriation if a petition to do so is filed by an entity specified in subsection (aX4XA). (3) The provisions of this subsection are subject to section 105(c).
ESTABLISHMENT OF PRIVATE INDUSTRY COUNCIL
29 use 1512. SEC. 102. (a) There shall be a private industry council for every service delivery area established under section 101, to be selected in accordance with this subsection. Each council shall consist of— (1) representatives of the private sector, who shall constitute a majority of the membership of the council and who shall be owners of business concerns, chief executives or chief operating officers of nongovernmental employers, or other private sector executives who have substantial management or policy respon- sibility; and
PUBLIC LAW 97-300—OCT. 13, 1982 96 STAT. 1329
(2) representatives of educational agencies (representative of all educational agencies in the service delivery area), organized labor, rehabilitation agencies, community-based organizations, economic development agencies, and the public employment service. (b) The Chairman of the council shall be selected from among members of the council who are representatives of the private sector. (c)(1)(A) Private sector representatives on the council shall be selected from among individuals nominated by general purpose business organizations after consulting with, and receiving recom- mendations from, other business organizations in the service deliv- ery area. The number of such nominations shall be at least 150 percent of the number of individuals to be appointed under subsec- tion (aXl). Such nominations, and the individuals selected from such nominations, shall reasonably represent the industrial and demo- graphic composition of the business community. Whenever possible, at least one-half of such business and industry representatives shall be representatives of small business, including minority business. (B) For the purpose of this paragraph, the term— (i) "general purpose business organizations" means organiza- tions which admit to membership any for-profit business operat- ing within the service delivery area; and (ii) "small business" means private for-profit enterprises em- ploying 500 or fewer employees. (2) Education representatives on the council shall be selected from among individuals nominated by local educational agencies, voca- tional education institutions, institutions of higher education, or general organizations of such agencies or institutions, and by pri- vate and proprietary schools or general organizations of such schools, within the service delivery area. (3) The remaining members of the council shall be selected from individuals recommended by interested organizations. Labor repre- sentatives shall be recommended by recognized State and local labor organizations or appropriate building trades councils. (d)(1) In any case in which there is only one unit of general local government with experience in administering job training programs within the service delivery area, the chief elected official of that unit shall appoint members to the council from the individuals nomi- nated or recommended under subsection (c). (2) In any case in which there are two or more such units of general local government in the service delivery area, the chief elected officials of such units shall appoint members to the council from the individuals so nominated or recommended in accordance with an agreement entered into by such units of general local government. In the absence of such an agreement, the appointments shall be made by the Governor from the individuals so nominated or recommended. (e) The initial number of members of the council shall be determined— (1) by the chief elected official in the case described in subsec- tion (dXl), (2) by the chief elected officials in accordance with the agree- ment in the case described in subsection (d)(2), or (3) by the Governor in the absence of such agreement. Thereafter, the number of members of the council shall be deter- mined by the council.
Chairman.
Private sector representatives.
Definitions.
Education representatives.
Chief elected official.
PUBLIC LAW 97-300—OCT. 13, 1982 96 STAT. 1331
specified in subsection (c), and (2) the plan is submitted jointly by the council and such official or officials. (e) In order to carry out its functions under this Act, the council— Budget. (1) shall, in accordance with the job training plan, prepare and approve a budget for itself, and (2) may hire staff, incorporate, and solicit and accept contribu- tions and grant funds (from other public and private sources). (f) As used in this section, the term "oversight" means reviewing, "Oversight." monitoring, and evaluating.
JOB TRAINING PLAN
SEC. 104. (a) No funds appropriated for any fiscal year may be 29 use 1514. provided to any service delivery area under this Act except pursuant to a job training plan for two program years which is prepared in accordance with section 103 and which meets the requirements of this section. flj) Each job training plan shall contain— (1) identification of the entity or entities which will adminis- ter the program and be the grant recipient of funds from the " State; (2) a description of the services to be provided, including the estimated duration of service and the estimated training cost per participant; (3) procedures for identifying and selecting participants and for eligibility determination and verification; (4) performance goals established in accordance with stand- ards prescribed under section 106; (5) procedures, consistent with section 107, for selecting serv- ice providers which take into account past performance in job training or related activities, fiscal accountability, and ability to meet performance standards; (6) the budget for two program years and any proposed expenditures for the succeeding two program years, in such detail as is determined necessary by the entity selected to prepare this portion of the plan pursuant to section 103(b)(1)(B) and to meet the requirements of section 108; (7) a description of methods of complving with the coordina- tion criteria contained in the Governor s coordination and spe- cial services plan; (8) if there is more than one service delivery area in a single labor market area, provisions for coordinating particular aspects of individual service delivery area programs, includ- ing— (A) assessments of needs and problems in the labor market that form the basis for program planning; (B) provisions for ensuring access by program partici- pants in each service delivery area to skills training and employment opportunities throughout the entire labor market; and (C) coordinated or joint implementation of job develop- ment, placement, and other employer outreach activities; (9) fiscal control, accounting, audit and debt collection proce- dures to assure the proper disbursal of, and accounting for, funds received under this title; and (10) procedures for the preparation and submission of an Report. annual report to the Governor which shall include—
96 STAT. 1332 PUBLIC LAW 97-300—OCT. 13, 1982
29 u s e 1515.
Publication. Submittal to Governor.
Appeal.
(A) a description of activities conducted during the pro- gram year; (B) characteristics of participants; and (C) the extent to which the activities exceeded or failed to meet relevant performance standards. (c) If changes in labor market conditions, funding, or other factors require substantial deviation from an approved job training plan, the private industry council and the appropriate chief elected offi- cial or officials (as described in section 103(c)) shall submit a modifi- cation of such plan (including modification of the budget under subsection Ot))(6)), which shall be subject to review in accordance with section 105. REVIEW AND APPROVAL OF PLAN
SEC. 105. (a)(1) Not less than 120 days before the beginning of the first of the two program years covered by the job training plan— (A) the proposed plan or summary thereof shall be published; and (B) such plan shall be made available for review and comment to— (i) each house of the State legislature for appropriate referral; (ii) appropriate local educational and other public agen- cies in the service delivery area; and (iii) labor organizations in the area which represent employees having the skills in which training is proposed; and (C) such plan shall be reasonably available to the general public through such means as public hearings and local news facilities. (2) The final plan, or a summary thereof, shall be published not later than 80 days before the first of the two program years and shall be submitted to the Governor in accordance with section 103(d)(2). Any modification shall be published not later than 80 days before it is effective and shall be submitted to the Governor in accordance with such section. (b)(1) The Governor shall approve the job training plan or modifi- cation thereof unless he finds that— (A) corrective measures for deficiencies found in audits or in meeting performance standards from previous years have not been taken or are not acceptably underway; (B) the entity proposed to administer the program does not have the capacity to administer the funds; (C) there are inadequate safeguards for the protection of funds received; (D) the plan (or modification) does not comply with a particu- lar provision or provisions of this Act or of regulations of the Secretary under this Act; or (E) the plan (or modification) does not comply with the crite- ria under section 121(b) for coordinating activities under this Act with related program activities. (2) The Governor shall approve or disapprove a job training plan (or modification) within 30 days after the date that the plan (or modification) is submitted, except that if a petition is filed under paragraph (3) such period shall be extended to 45 days. Any disap- proval by the Governor may be appealed to the Secretary, who shall
96 STAT. 1334 PUBLIC LAW 97-300—OCT. 13, 1982
Youth programs. (2) In prescribing standards under this section the Secretary shall
also designate factors for evaluating the performance of youth
programs which, in addition to appropriate utilization of the factors
described in paragraph (1), shall be (A) attainment of recognized
employment competencies recognized by the private industry coun-
cil, (B) elementary, secondary, and postsecondary school completion,
or the equivalent thereof, and (C) enrollment in other training
programs or apprenticeships, or enlistment in the Armed Forces.
(3) The standards shall include provisions governing—
(A) the base period prior to program participation that will be
used;
(B) a representative period after termination from the pro-
gram that is a reasonable indicator of postprogram earnings
and cash welfare pa5Tnent reductions; and
(C) cost-effective methods for obtaining such data as is neces-
sary to carry out this section, which, notwithstanding any other
provision of law, may include access to earnings records, State
employment security records. Federal Insurance Contributions
Act records. State aid to families with dependent children rec-
ords, statistical sampling techniques, and similar records or
measures.
(4) The Secretary shall prescribe performance standards relating
gross program expenditures to various performance measures.
(c) Within six months after the date of the enactment of this Act,
the Secretary shall establish initial performance standards which
are designed to contribute to the achievement of the performance
goals set forth in subsection Ot)Xl), based upon data accumulated
under the Comprehensive Employment and Training Act, from the
National Commission for Emplojrment Policy, and from other appro-
priate sources. In the development of the initial standards under
this subsection, the Secretary shall relate gross program expendi-
tures to the accomplishment of program goals set forth in subsection
(b)(1).
(d)(1) The Secretary shall, not later than January 31, 1984, pre-
scribe performance standards for the first program year under this
Act to measure the results of the participation in the program to
achieve the goals set forth in subsection (bXD based upon the initial
standards established in subsection (c).
(2) The Secretary, not later than six months after the completion
of the first two program years, shall prepare and submit a report to
the Congress containing the performance standards established
under paragraph (1) of this subsection, together with an analysis of
the manner in which the performance standards contribute to the
achievement of the goals set forth in subsection (b)(1), including the
relative importance of each standard to the accomplishment of such
goals.
(3) The Secretary shall prescribe variations in performance stand-
ards for special populations to be served, including Native Ameri-
cans, migrant and seasonal farmworkers, and ex-offenders, taking
into account their special circumstances.
(4XA) The Secretary may modify the performance standards under
this subsection not more often than once every two program years
and such modifications shall not be retroactive.
(B) The Secretary shall prepare and submit a report to the Con-
gress containing any modifications established under subparagraph
(A), and the reasons for such modifications.
Post, p. 1357.
Report to Congress.
Modification.
Report to Congress.
PUBLIC LAW 97-300—OCT. 13, 1982 96 STAT. 1335
Development of standards.
(e) Each Governor may prescribe, within parameters established Variations of by the Secretary, variations in the standards under this subsection standards. based upon specific economic, geographic, and demographic factors in the State and in service delivery areas within the State, the characteristics of the population to be served, and the type of services to be provided. (f) The National Commission for Employment Policy shall (1) advise the Secretary in the development of performance standards under this section for measuring results of participation in job training and in the development of parameters for variations of such standards referred to in subsection (e), (2) evaluate the useful- ness of such standards as measures of desired performance, and (3) evaluate the impacts of such standards (intended or otherwise) on the choice of who is served, what services are provided, and the cost of such services in service delivery areas. (g) The Secretary shall prescribe performance standards for pro- grams under title III based on placement and retention in unsubsi- Post, p. 1364. dized employment. (hXD The Governor shall provide technical assistance to programs which do not meet performance criteria. If the failure to meet performance standards persists for a second year, the Governor shall impose a reorganization plan. Such plan may restructure the private industry council, prohibit the use of designated service providers or make such other changes as the Governor deems necessary to improve performance. The Governor may also select an alternate entity to administer the program for the service delivery area. (2) The alternate administrative entity may be a newly formed private industry council or any agency jointly selected by the Gover- nor and the chief elected official of the largest unit of general local government in the service delivery area. (3) No change may be made under this subsection without an opportunity for a hearing before a hearing officer. (4) The decision of the Governor may be appealed to the Secretary, Appeal who shall make a final decision within 60 days of the receipt of the appeal.
Reorganizaiton plan.
SELECTION OF SERVICE PROVIDERS
SEC. 107. (a) The primary consideration in selecting agencies or organizations to deliver services within a service delivery area shall be the effectiveness of the agency or organization in delivering comparable or related services based on demonstrated performance, in terms of the likelihood of meeting performance goals, cost, quality of training, and characteristics of participants. In complying with this subsection, proper consideration shall be given to community- based organizations as service providers. Qo) Funds provided under this Act shall not be used to duplicate facilities or services available in the area (with or without reim- bursement) from Federal, State, or local sources, unless it is demon- strated that alternative services or facilities would be more effective or more likely to achieve the service delivery area's performance goals.
(c) Appropriate education agencies in the service delivery area shall be provided the opportunity to provide educational services, unless the administrative entity demonstrates that alternative agen- cies or organizations would be more effective or would have greater
29 u s e 1517.
Restrictions.
Educational services.
97-200 O—84—pt. 1 44 : QL
PUBLIC LAW 97-300—OCT. 13, 1982 96 STAT. 1337
(i) an unemplo5anent rate (in the service delivery area or that portion within which services resulting in excess costs are to be provided) which exceeds the national average unemployment rate by at least 3 percentage points, and the ratio of current private employment to population in such area or portion is less than the national average of such ratio; (ii) the job training plan for such area proposes to serve a disproportionately high number of participants from groups requiring exceptional supportive service costs, such as handicapped individuals, offenders, and single heads of households with dependent children; (iii) the cost of providing necessary child care exceeds one- half of the costs specified in paragraph (2) of subsection (b); (iv) the costs of providing necessary transportation exceeds one-third of the costs specified in paragraph (2) of subsection (b); or (v) a substantial portion of the participants in programs in the service delivery area are in training programs of 9 months' duration or more. (3) Expenditures may be made in excess of the limitation con- tained in subsection (b) if the need for and the amount of the excess is stated in the job training plan (or modification thereof) for the service delivery area and such plan demonstrates that administra- tive costs comply with subsection (a) of this section. (4) The provisions of this subsection shall not be available to the extent that supportive services provided under the job training plan duplicate services provided by any other public or private source that are available to participants without cost. (5) The Governor shall not disapprove any plan (or modification thereof) on the basis of any statement of the need for and amount of excess costs in the job training plan if such plan or modification meets the requirements of this subsection. (d) The provisions of this section do not apply to any service deliverv area designated pursuant to section 101(a)(4)(A)(iii). (e) This section shall not be construed to exempt programs under an approved plan from the performance standards established under section 106.
Plan disapproval.
PART B—ADDITIONAL STATE RESPONSIBIUTIES
GOVERNOR S COORDINATION AND SPECIAL SERVICES PLAN
SEC. 121. (a)(1) The Governor shall annually prepare a statement of goals and objectives for job training and placement programs within the State to assist in the preparation of the plans required under section 104 of this Act and section 8 of the Act of June 6, 1933 (known as the Wagner-Peyser Act). (2) Any State seeking financial assistance under this Act shall submit a Governor's coordination and special services plan for two program years to the Secretary describing the use of all resources provided to the State and its service delivery areas under this Act and evaluating the experience over the preceding two years. (b)(1) The plan shall establish criteria for coordinating activities under this Act (including title III) with programs and services provided by State and local education and training agencies (includ- ing vocational education agencies), public assistance agencies, the
Annual statement. 29 u s e 1531.
29 u s e 49g.
Post, p. 1364.
96 STAT. 1338 PUBLIC LAW 97-300—OCT. 13, 1982
Report to Secretary.
Modification.
42 u s e 5552.
Post, p. 1364.
emplojrment service, rehabilitation agencies, postsecondary institu- tions, economic development agencies, and such other agencies as the Governor determines to have a direct interest in employment and training and human resource utilization within the State. Such criteria shall not affect local discretion concerning the selection of eligible participants or service providers in accordance with the provisions of sections 107 and 203. (2) The plan shall describe the projected use of resources, includ- ing oversight and support activities, priorities and criteria for State incentive grants, and performance goals for State supported programs. (3) The Governor shall report to the Secretary the adjustments made in the performance standards and the factors that are used in making the adjustments. (4) If major changes occur in labor market conditions, funding, or other factors during the two-year period covered by the plan, the State shall submit a modification to the Secretary describing these changes. (c) Governor's coordination and special services activities may include— (1) making available to service delivery areas, with or without reimbursement and upon request, appropriate information and technical assistance to assist in developing and implementing plans and programs; (2) carrying out special model training and employment pro- grams and related services (including programs receiving finan- cial assistance from private sources); (3) providing programs and related services for offenders and other individuals whom the Governor determines require spe- cial assistance; (4) providing financial assistance for special programs and services designed to meet the needs of rural areas outside major labor market areas; (5) providing training opportunities in the conservation and efficient use of energy, and the development of solar energy sources as defined in section 3 of the Solar Energy Research, Development and Demonstration Act of 1974; (6) industry-wide training; (7) activities under title III of this Act; (8) developing and providing to service delivery areas informa- tion on a State and local area basis regarding economic, indus- trial, and labor market conditions; (9) providing preservice and inservice training for planning, management, and delivery staffs of administrative entities and private industry councils, as well as contractors for State sup- ported programs; and (10) providing statewide programs which provide for joint funding of activities under this Act with services and activities under other Federal, State, or local employment-related programs. (d) A Governor's coordination and special services plan shall be approved by the Secretary unless the Secretary determines that the plan does not comply with specific provisions of this Act.
96 STAT. 1340 PUBLIC LAW 97-300—OCT. 13, 1982
20 u s e 2305.
Post, p. 1357.
Report.
Comments.
20 u s e 2305.
Transfer of functions.
(8) For purposes of section 105 of the Vocational Education Act of
1963, the State council shall be considered to be the same as either
the State Manpower Services Council referred to in that section or
the State Emplojmaent and TrEiining Council authorized under the
Comprehensive Employment and Training Act.
(b) The State council shall—
(1) recommend a Governor's coordination and specisd services
plan;
(2) recommend to the Governor substate service delivery
areas, plan resource allocations not subject to section 202(a),
provide management guidance and review for all programs in
the State, develop appropriate linkages with other programs,
coordinate activities with private industry councils, and develop
the Governor's coordination and special services plan and rec-
ommend variations in performance standards;
(3) advise the Governor and local entities on job training plans
and certify the consistency of such plans with criteria under the
Governor's coordination and special services plan for coordina-
tion of activities under this Act with other Federal, State, emd
local employment-related programs, including programs oper-
ated in designated enterprise zones;
(4) review the operation of programs conducted in each serv-
ice delivery area, and the availability, responsiveness, and ade-
quacy of State services, and make recommendations to the
Governor, appropriate chief elected officials, and private indus-
try councils, service providers, the State legislature, and the
general public with respect to ways to improve the effectiveness
of such programs or services;
(5) review and comment on the State plan developed for the
State employment service agency;
(6) make an annuEil report to the Governor which shall be a
public document, and issue such other studies, reports, or docu-
ments as it deems advisable to assist service delivery areas in
carrying out the purposes of this Act;
(7XA) identify, in coordination with the appropriate State
agencies, the employment and training and vocational educa-
tion needs throughout the State, and assess the extent to which
employment and training, vocational education, rehabilitation
services, public assistance, economic development, and other
Federal, State, and local programs and services represent a
consistent, integrated, and coordinated approach to meeting
such needs; and
(B) comment at least once guinually on the reports required
pursuant to section 105(dX3) of the Vocational Education Act of
1963; and
(8) review plans of all State agencies providing employment,
training, and related services, and provide comments and rec-
ommendations to the Governor, the State legislature, the State
agencies, and the appropriate Federal agencies on the relevancy
and effectiveness of employment and training and related serv-
ice delivery systems in the State.
(c) In addition to the fimctions described in subsection (jo), the
Governor may, to the extent permitted by applicable law, transfer
functions which are related to fimctions under this Act to the
council established under this section from any State coordinating
conmiittee for the work incentive program under title IV of the
PUBLIC LAW 97-300—OCT. 13, 1982 96 STAT. 1341
Social Security Act or any advisory council established under the ^2 use 60i.
Wagner-Peyser Act. 29 use 49 note.
STATE EDUCATION COORDINATION AND GRANTS
SEC. 123. (a) The sums available for this section pursuant to 29 use 1533.
section 202(b)(1) shall be used by the Governor to provide financial
assistance to any State education agency responsible for education
and training—
(1) to provide services for eligible participants through cooper-
ative agreements between such State education agency or agen-
cies, administrative entities in service delivery areas in the
State, and (where appropriate) local educational ag:encies; and
(2) to facilitate coordination of education and training services
for eligible participants through such cooperative agreements.
(b) The cooperative agreements described in subsection (a) shall
provide for the contribution by the State agency or agencies, and the
local educational agency (if any), of a total amount equal to the
amount provided, pursuant to subsection (a)(1), in the grant subject
to such agreement. Such matching amount shall not be provided
from funds available under this Act, but may include the direct cost
of employment or training services provided by State or local pro-
grams.
(c)(1) Funds available under this section may be used to provide Funds.
education and training, including vocational education services, and
related services to participants under title IL Such services may ^o®^- P 1^58.
include services for offenders and other individuals whom the Gov-
ernor determines require special assistance.
(2)(A) Not more than 20 percent of the funds available under this
section may be spent for activities described in clause (2) of subsec-
tion (a).
(B) At least 80 percent of the funds available under this section
shall be used for clause (1) of subsection (a) for the Federal share of
the cost of carrying out activities described in clause (1). For the
purpose of this subparagraph, the Federal share shall be the amount
provided for in the cooperative agreements in subsection (b).
(3) Not less than 75 percent of the funds available for activities
under clause (1) of subsection (a) shall be expended for activities for
economically disadvantaged individuals.
(d) If no cooperative agreement is reached on the use of funds
under this section, the funds shall be available to the Governor for
use in accordance with section 121.
TRAINING PROGRAMS FOR OLDER INDIVIDUALS
SEC. 124. (a) From funds available for use under section 202(b)(2), 29 use 1534.
the Governor is authorized to provide for job training programs
which are developed in conjunction with service delivery areas
within the State and which are consistent with the plan for the
service delivery area prepared and submitted in accordance with the
provisions in section 104, and designed to assure the training and
placement of older individuals in employment opportunities with
private business concerns.
(b) In carrying out this section, the Governor shall, after consulta-
tion with appropriate private industry councils and chief elected
officials, enter into agreements with public agencies, nonprofit pri-
vate organizations, and private business concerns.
