(b) Equitable distribution of public service employment opportunities. Consistent with the provisions of this subchapter, the Secretary shall make financial assistance under this subchapter available in such a manner that, to the extent practicable, public service employment opportunities will be available on an equitable basis in accordance with the purposes of this subchapter among significant segments of the population of unemployed persons, giving consideration to the relative numbers of unemployed persons in each such segment. (c) Notification to labor organizations. Where a labor organization represents employees who are engaged in similar work in the same area to that proposed to be performed under any program for which an application is being developed for submission under this subchapter, such organization shall be notified and 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. (d) Regulations. The Secretary shall prescribe regulations to assure that programs under this subchapter have adequate internal administrative controls, accounting requirements, personnel standards, evaluation procedures, and other policies as may be necessary to promote the effective use of funds. (e) Periodic reports. The Secretary shall not provide financial assistance for any program under this subchapter unless he determines, in accordance with regulations which he shall prescribe, that periodic reports will be submitted to him containing data designed to enable the Secretary and the Congress to measure the relative and, where programs can be compared appropriately, comparative effectiveness of the programs authorized under this subchapter and other federally supported manpower programs. Such data shall include information on (1) characteristics of participants including age, sex, race, health, education level, and previous wage and employment experience; (2) duration in employment situations, including information on the duration of employment of program participants for at least a year following the termination of participation in federally assisted programs and comparable information on other employees or trainees of participating employers; and (3) total dollar cost per participant, including breakdown between wages, training, and supportive services, all fringe benefits, and administrative costs. The Secretary shall compile such information on a State, regional, and national basis, and shall include such information in the report required by section 849 of this title. (f) Discrimination prohibited. The Secretary shall not provide financial assistance for any program under this subchapter unless the grant, contract, or agreement with respect thereto specifically provides that no person with responsibilities in the operation of such program will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, political affiliation, or beliefs. (g) Political activities. The Secretary shall not provide financial assistance for any program under this subchapter which involves political activities; and neither the program, the funds provided therefor, nor personnel employed in the administration thereof, shall be, in any way or to any extent, engaged in the conduct of political activities in contravention of chapter 15 of Title 5. (h) Sectarian instruction; religious worship. The Secretary shall not provide financial assistance for any program under this subchapter unless he determines that participants in the program will not be employed on the construction, operation, or maintenance of so much of any facility as is used or to be used for sectarian instruction or as a place for religious worship. (Pub. L. 93-203, title II, § 208, Dec. 28, 1973, 87 Stat. 855.) REFERENCES IN TEXT The Fair Labor Standards Act of 1938, referred to in subsec. (a) (2), is classified to section 201 et seq. of this title. EFFECTIVE DATE Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 815, 847, 981 of this title. § 849. Special report. The Secretary shall transmit to the Congress at least annually a detailed report setting forth the activities conducted under this subchapter, including information derived from evaluations required by this subchapter and information on the extent to which (1) participants in such activities subsequently secure and retain public or private employment or participate in training or employability development programs, (2) segments of the population of unemployed persons are provided public service opportunities in accordance with the purposes of this subchapter. (Pub. L. 93-203, title II, § 209, Dec. 28, 1973, 87 Stat. 856.) EFFECTIVE DATE Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 848 of this title. § 850. Utilization of funds. Funds available under this subchapter to an eligible applicant may, at its option, be utilized for residents of the areas of substantial unemployment designated under this subchapter for programs authorized under subchapter I and part A of subchapter III of this chapter. (Pub. L. 93-203, title II, § 210, Dec. 28, 1973, 87 Stat. 857.) unemployment for a period of three consecutive months even though all or part of such period may have occurred prior to December 28, 1973. (Pub. L. 93-203, title II, § 211, Dec. 28, 1973, 87 Stat. 857.) EFFECTIVE DATE Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title. SUBCHAPTER III.-SPECIAL FEDERAL SUBCHAPTER REFERRED TO IN OTHER SECTIONS PART A.-SPECIAL TARGET GROUPS PART REFERRED TO IN OTHER SECTIONS This part is referred to in sections 811, 850 of this title. § 871. Special manpower target groups. (a) Additional manpower services. The Secretary shall use funds available under this subchapter to provide additional manpower services as authorized under subchapters I and II of this chapter to segments of the population that are in particular need of such services, including youth, offenders, persons of limited English-speaking ability, older workers, and other persons which the Secretary determines have particular disadvantages in the labor market. The Secretary shall take into account the need for continued funding of programs of demonstrated effectiveness. (b) Persons of limited English-speaking ability. With respect to programs for persons of limited English-speaking ability under this chapter, the Secretary shall establish appropriate procedures to ensure that participants are provided with manpower training and related assistance and supportive services (where feasible, at times designed to meet the needs of individuals unable to attend during normal working hours) designed to increase the employment and training opportunities for unemployed and underemployed persons of limited Englishspeaking ability, including (A) the teaching of occupational skills in the primary language of such persons for occupations which do not require a high proficiency in English, and (B) developing new employment opportunities for limited English-speaking persons and opportunities for promotion within existing employment situations for such persons, including programs for the dissemination of appropriate information, and job placement, and counseling assistance, and the conduct of training and employment programs, in the primary language of such persons, as well as programs designed to increase the English-speaking ability of such persons. (c) Offenders. With respect to programs for offenders referred to in subsection (a) of this section, the Secretary shall establish appropriate procedures to insure that participants are provided with such manpower training and related assistance and support services (including basic education, drug addiction or dependency rehabilitation, health care and other services) which will enable them to secure and obtain meaningful employment. To ensure the objectives of this subsection, the Secretary may, wherever feas ible, provide for appropriate arrangements with employers and labor organizations, appropriate parole, probationary and judicial authorities, and for the utilization of training equipment comparable to that currently used for the job in which training is furnished. To support such programs, the Secretary shall develop information concerning the special needs of offenders for such services, including special studies regarding the incidence of unemployment among offenders and the means of increasing employment opportunity for offenders. (d) Veterans. The Secretary shall carry out fully and effectively his responsibilities for the assignment of assistant veterans employment representatives under section 2003 of Title 38 and his other responsibilities under chapter 41 or Title 38 and for the listing of all suitable employment openings with local offices of the State employment service by Federal contractors and subcontractors and providing for the special emphasis as required by section 2012 (a) of Title 38. (Pub. L. 93-203, title III, § 301, Dec. 28, 1973, 87 Stat. 857.) EFFECTIVE DATE Section effective Dec. 28, 1973, see section 615 of Pub L. 93-203, set out as a note under section 801 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 816 of this title. § 872. Indian manpower programs. (a) Congressional findings. The Congress finds that (1) serious unemployment and economic disadvantage exist among members of Indian and Alaskan native communities; (2) there is a compelling need for the establishment of comprehensive manpower training and employment programs for members of those communities; (3) such programs are essential to the reduction of economic disadvantage among individual members of those communities and to the advancement of economic and social development in these communities consistent with their goals and life styles. (b) Congressional declarations. The Congress therefore declares that, because of the special relationship between the Federal Government and most of those to be served by the provisions of this section, (1) such programs can best be administered at the national level; (2) such programs shall be available to federally recognized Indian tribes, bands, and individuals and to other groups and individuals of native American descent such as, but not limited to, the Lummis in Washington, the Menominees in Wisconsin, the Klamaths in Oregon, the Oklahoma Indians, the Passamaquoddys and Penobscots in Maine, and Eskimos and Aleuts in Alaska; (3) such programs shall be administered in such a manner as to maximize the Federal commitment to support growth and development as determined by representatives of the communities and groups served by this part. (c) Utilization of Indian tribes, bands, and groups: non-reservation Indians. (1) In carrying out his responsibilities under this section, the Secretary shall, wherever possible, utilize Indian tribes, bands or groups (including Alaska Native villages or groups as defined in the Alaska Native Claims Settlement Act of December 18, 1971) having a governing body, for the provision of manpower services under this subchapter. When the Secretary determines that such tribe, band, or group has demonstrated the capability to effectively administer a comprehensive manpower program, he shall require such tribe, band, or group to submit to him a comprehensive plan meeting the requirements of section 815 of this title. (2) In carrying out his responsibilities under this section the Secretary shall make arrangements with prime sponsors and organizations (meeting requirements prescribed by the Secretary) serving nonreservation Indians for programs and projects designed to meet the needs of such Indians for employment and training and related services. (d) Approval of Indian tribes, bands, or groups for the utilization of public or private non-profit agencies. Whenever the Secretary determines not to utilize Indian tribes, bands, or groups for the provisions of manpower services under this section, he shall, to the maximum extent feasible, enter into arrangements for the provision of such services with public or private nonprofit agencies which meet with the approval of the tribes, bands, or groups to be served. (e) Administrative procedures and machinery. The Secretary is directed to take appropriate action to establish administrative procedures and machinery (including personnel having particular competence in this field) for the administration of Indian manpower programs authorized under this chapter. (f) Availability of funds. Funds available for this section shall be expended for programs and activities consistent with the purposes of this part, including but not limited to such programs and activities carried out by eligible applicants under other provisions of this chapter. (g) Reservation of funds. For the purpose of carrying out this section, the Secretary shall reserve from funds available for this subchapter an amount equal to not less than 4 percent of the amount allocated pursuant to section 813(a) (1) of this title. (h) Federal Government's trust responsibilities to Indians not abrogated. No provision of this section shall abrogate in any way the trust responsibilities of the Federal Government to Indian bands or tribes. (Pub. L. 93-203, title III, § 302, Dec. 28, 1973, 87 Stat. 858.) REFERENCES IN TEXT The Alaska Native Claims Settlement Act, referred to in subsec. (c) (1), is classified to section 1601 et seq. of Title 43, Public Lands. EFFECTIVE DATE Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title. § 873. Migrant and seasonal farmworker manpower program. (a) The Congress finds and declares that (1) chronic seasonal unemployment and underemployment in the agricultural industry, substan tially affected by recent advances in technology and mechanization, constitute a substantial portion of the Nation's rural manpower problem and substantially affects the entire national economy; (2) because of the special nature of certain farmworker manpower problems such programs can best be administered at the national level. (b) (1) Funds available for this section shall be expended for programs and activities consistent with the purposes of this section, including but not limited to programs and activities carried out by eligible applicants under other provisions of this chapter. (2) For the purpose of carrying out this section, the Secretary shall reserve from funds available for this subchapter an amount equal to not less than 5 percent of the amount allocated pursuant to section 813(a)(1) of this title. (Pub. L. 93-203, title III, § 303, Dec. 28, 1973, 87 Stat. 859.) EFFECTIVE DATE Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title. §874. Youth programs and other special programs. (a) The Secretary may provide financial assistance in urban and rural areas, including areas having large concentrations or proportions of low-income, unemployed persons, and rural areas having substantial outmigration to urban areas, for comprehensive work and training programs, and necessary supportive and follow-up services, including the following: (1) programs to provide part-time employment, on-the-job training, and useful work experience for students from low-income families who are in the ninth through twelfth grades of school (or are of an age equivalent to that of students in such grades) and who are in need of the earnings to permit them to resume or maintain attendance in school; (2) programs to provide unemployed, underemployed, or low-income persons (aged sixteen and over) with useful work and training (which must include sufficient basic education and institutional or on-the-job training) designed to assist those persons to develop their maximum occupational potential and to obtain regular competitive employment; (3) jobs, including those in recreation and related programs, for economically disadvantaged youths during the summer months; (4) special programs which involve work activities directed to the needs of those chronically unemployed poor who have poor employment prospects and are unable, because of age, lack of employment opportunity, or otherwise, to secure appropriate employment or training assistance under other programs, and which, in addition to other services provided, will enable such persons to participate in projects for the betterment, physical improvement, or beautification of the community or areas served by the program; (5) special programs which provide unemployed or low-income persons with jobs leading to career opportunities, including new types of careers, in programs designed to improve the physical, social economic, or cultural conditions of the community or area served; (6) special services, when required, for middleaged and older men and women, including recruitment, placement, and counseling for such persons who are unemployed as a result of the closing of a plant or factory or a permanent large-scale reduction in the work force of a locality, and provide grants to or contracts with prime sponsors to assist such sponsors in securing part-time or temporary employment for middle-aged and older persons; and (7) other manpower programs conducted by community-based organizations. (b) To the maximum extent feasible, programs or components of programs conducted under this section shall be linked to comprehensive work and training programs conducted by prime sponsors under subchapter I of this chapter, but the Secretary may provide financial assistance to a public agency or private organization other than a prime sponsor to carry out one or more component programs described in subsection (a) of this section when he determines, after soliciting and considering comments of the appropriate prime sponsor, if any, that such assistance would enhance program effectiveness. In the case of programs under subsection (a) (1) of this section, financial assistance may be provided directly to local or State education agencies, after consultation with the Secretary of Health, Education, and Welfare, for the operation of such programs. (Pub. L. 93-203, title III, § 304, Dec. 28, 1973, 87 Stat. 859.) EFFECTIVE DATE Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 985 of this title. § 875. Consultation with Secretary of Health, Education, and Welfare. The Secretary of Labor shall consult with the Secretary of Health, Education, and Welfare, with respect to arrangements for services of a health, education, or welfare character under this chapter, and the Secretary of Health, Education, and Welfare shall solicit the advice and comments of State educational agencies with respect to education services. Such services include but are not limited to basic or general education; educational programs conducted for offenders; institutional training; health care, child care, and other supportive services; and new careers and job restructuring in the health, education, and welfare professions. When the Secretary of Labor arranges for the provision of basic education and vocational training directly, pursuant to the provisions of this subchapter, he shall obtain the approval of the Secretary of Health, Education, and Welfare for such arrangements. (Pub. L. 93-203, title III, § 306, Dec. 28, 1973, 87 Stat. 860.) EFFECTIVE DATE Section effective Dec. 28, 1973, see Section 615 of Pub. L. 93-203, set out as a note under section 801 of this title. PART B.-RESEARCH, TRAINING, AND EVALUATION § 881. Research. (a) Establishment of comprehensive program of manpower research. To assist the Nation in expanding work opportunities and assuring access to those opportunities for all who desire it, the Secretary shall establish a comprehensive program of manpower research utilizing the methods, techniques, and knowledge of the behavioral and social sciences and such other methods, techniques, and knowledge as will aid in the solution of the Nation's manpower problems. This program will include, but not be limited to, studies, the findings of which may contribute to the formulation of manpower policy; development or improvement of manpower programs; increased knowledge about labor market processes; reduction of unemployment and its relationships to price stability: promotion of more effective manpower 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 manpower shortages; easing of the transition from school to work, from one job to another, and from work to retirement, opportunities and services for older persons who desire to enter or reenter the labor force, and for improvements of opportunities for employment and advancement through the reduction of discrimination and disadvantage arising from poverty, ignorance, or prejudice. (b) Experimental program. The Secretary shall establish a program of experimental, developmental, demonstration, and pilot projects, through grants to or contracts with public or private non-profit organizations, or through contracts with other private organizations, for the purpose of improving techniques and demonstrating the effectiveness of the specialized methods in meeting the manpower, employment, and training problems, however, nothing in this subsection shall authorize the Secretary to carry out employment programs experimenting with subsidized wages in the private sector or with wages less than those established by the Fair Labor Standards Act of 1938, as amended. for employment subject to that Act. In carrying out this subsection with respect to programs designed to provide employment and training opportunities for low-income people, the Secretary shall consult with such other agencies as may be appropriate. Where programs under this section require institutional training, appropriate arrangements for such training shall be agreed to by the Secretary of Labor and the Secretary of Health, Education, and Welfare. (c) Program evaluation. The Secretary is authorized to conduct, either directly or by way of contract, grant, or other arrangement, a thorough evaluation of all programs and activities conducted pursuant to this chapter to determine the effectiveness of such programs and activities in meeting the special needs of disadvantaged, chronically unemployed, and low-income persons for meaningful employment opportunities and supportive services to continue or resume their education and employment and to become more responsible and productive citizens. (d) Grants, contracts, and other arrangements. The Secretary shall conduct such research and investigations as give promise of furthering the objectives of this chapter either directly or through grants, contracts, or other arrangements. (Pub. L. 93-203, title III, § 311, Dec. 28, 1973, 87 Stat. 860.) REFERENCES IN TEXT The Fair Labor Standards Act of 1938, referred to in subsec. (b), is classified to section 201 et seq. of this title. EFFECTIVE DATE Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title. § 882. Labor market statistics and job bank. (a) Comprehensive system of labor market informa tion. 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) Statistically accurate data on employment, underemployment, and labor demand. 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, underemployment and labor demand by State, local, and poverty areas. (c) Annual statistical measure of labor market related economic hardship. The Secretary shall develop preliminary data for an annual statistical measure of labor market related economic hardship in the nation. Among the factors to be considered in developing such a measure are unemployment, labor force participation, involuntary part-time employment, and full-time employment at less than poverty wages. (d) Household budget data. 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) Sums set aside; notification to Congress. The Secretary shall set aside, out of sums available to the department for any fiscal year including sums available under section 802 (e) of this title, an amount which he determines is necessary and appropriate to enable him to carry out the provisions of this section, and shall no later than sixty days after such sums are appropriated and made available notify the appropriate committees of the Congress of the amount so set aside and the basis for his determination of need and appropriateness. (f) Report to Congressional committees. The Secretary shall report to the Senate Committee on Labor and Public Welfare and to the House Committee on Education and Labor the results of his efforts under subsections (a), (b), and (c) of this section by December 31, 1974. (g) Job bank. The Secretary shall establish and carry out a nationwide computerized job bank and matching program (utilizing the listing of all suitable employment openings with local offices of the State employment service by Federal contractors and subcontractors and providing for the special emphasis as required by section 2012 (a) of Title 38) 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. (Pub. L. 93-203, title III, § 312, Dec. 28, 1973, 87 Stat. 861.) EFFECTIVE DATE Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title. § 883. Evaluation. (a) Program comparisons. The Secretary shall provide for the continuing evaluation of all programs and activities conducted pursuant to this chapter, including their cost in relation to their effectiveness in achieving stated goals, their impact on communities and participants their implication for related programs, the extent to which they meet the needs of persons of various ages, and the adequacy of the mechanism for the delivery of services. In conducting the evaluations called for by this subsection, the Secretary shall compare the effectiveness of programs conducted by prime sponsors of the same class, of different classes, and shall compare the effectiveness of programs conducted by prime sponsors with similar programs carried out by the Secretary under section 820 of this title, or under this subchapter. He shall also arrange for obtaining the opinions of participants about the strengths and weaknesses of the programs. (b) Reports to Secretary. In order to enable the Secretary to measure the relative and, where programs can be compared appropriately, comparative effectiveness of programs authorized under this chapter and part C of title IV of the Social Security Act, he shall require that periodic reports be submitted to him. Reports submitted under this subsection shall contain data which shall include information on (1) enrollee characteristics, including age, sex, race, health, education level, and previous wage and employment experience; (2) duration in training and employment situations, including information on the duration of employment of program participants for at least a year following the termination of federally assisted programs and comparable information on other employees or trainees of participating employers; and (3) total dollar cost per trainee, including breakdown between salary or stipend, training and supportive services, and administrative costs. From the information received pursuant to this section, the Secretary shall compile the information on a State, regional, and national basis. |