Page 671 TITLE 29—LABOR § 1672

tion and other programs providing services to

Native American youth and adults under this

chapter;

(C) advise and make recommendations to the

Secretary with respect to the design and implementation of performance standards developed under section 1516(f) of this title;

(D) advise and make recommendations to

the Secretary with respect to the services obtained or to be obtained by the Department of

Labor through contracts or arrangements with

non-Federal agencies or entities that involve

the program authorized by this section;

(E) evaluate the effectiveness of Native

American job training programs and make

recommendations with respect to the improvement of such programs;

(F) advise the Secretary with respect to individuals to be considered to fill the position

of the official in charge of the organizational

unit designated under subsection (j)(1) of this

section whenever a vacancy in such position

occurs; and

(G) prepare and submit directly to the Secretary and to the Congress, not later than

January 1 of each even numbered year, a report containing information on the progress of

Native American job training programs and

recommendations for improving their administration and effectiveness.

(7) Members of the Council shall serve without

compensation. Each member of the Council shall

receive travel expenses, including per diem in

lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5 for each day the member is engaged in the performance of duties away from

the home or regular place of business of the

member.

(8) The Secretary shall provide the Council

with such administrative support as may be necessary to perform its functions.

(l) Competition for grants; waiver; 2-year grant

period

The competition for grants under this section

shall be conducted every 2 years, except that if

a recipient of such a grant has performed satisfactorily under the terms of the existing grant

agreement, the Secretary may waive the requirement for such competition on receipt from

the recipient of a satisfactory 2-year program

plan for the succeeding 2-year grant period.

(Pub. L. 97–300, title IV, §401, Oct. 13, 1982, 96

Stat. 1368; Pub. L. 97–404, §4(a), Dec. 31, 1982, 96

Stat. 2026; Pub. L. 102–367, title IV, §401(a)–(d),

Sept. 7, 1992, 106 Stat. 1074–1076.)

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred

to in subsec. (c)(1)(A), is Pub. L. 92–203, Dec. 18, 1971, 85

Stat. 688, as amended, which is classified generally to

chapter 33 (§1601 et seq.) of Title 43, Public Lands. For

complete classification of this Act to the Code, see

Short Title note set out under section 1601 of Title 43

and Tables.

AMENDMENTS

1992—Subsec. (h)(1). Pub. L. 102–367, §401(a), inserted

‘‘pursuant to section 1516 of this title’’ after ‘‘performance standards’’.

Subsec. (j). Pub. L. 102–367, §401(b), amended subsec.

(j) generally. Prior to amendment, subsec. (j) read as

follows: ‘‘For the purpose of carrying out this section,

the Secretary shall reserve, from funds available for

this subchapter (other than part B of this subchapter)

for any fiscal year, an amount equal to 3.3 percent of

the amount available for part A of subchapter II of this

chapter for such fiscal year.’’

Subsec. (k). Pub. L. 102–367, §401(c), added subsec. (k).

Subsec. (l). Pub. L. 102–367, §401(d), added subsec. (l).

1982—Subsec. (h)(2). Pub. L. 97–404 substituted reference to section 1516 of this title for reference to section 1513 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102–367 effective July 1, 1993,

see section 701(a) of Pub. L. 102–367, set out as an Effective Date of 1992 Amendment; Transition Provisions

note under section 1501 of this title.

TERMINATION OF ADVISORY COUNCILS

Advisory councils established after Jan. 5, 1973, to

terminate not later than the expiration of the 2-year

period beginning on the date of their establishment,

unless, in the case of a council established by the President or an officer of the Federal Government, such

council is renewed by appropriate action prior to the

expiration of such 2-year period, or in the case of a

council established by Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L.

92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1502, 1631, 1673,

1781, 1782a, 1782h, 1783, 1784a, 1784b of this title.

§ 1672. Migrant and seasonal farmworker programs

(a) Congressional findings

The Congress finds and declares that—

(1) chronic seasonal unemployment and

underemployment in the agricultural industry, aggravated by continual advancements in

technology and mechanization resulting in

displacement, 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 shall be centrally administered

at the national level.

(b) Monitoring of programs for migrant and seasonal employment

The Secretary is directed to take appropriate

action to establish administrative procedures

and machinery (including personnel having particular competence in this field) for the selection, administration, monitoring, and evaluation of migrant and seasonal employment and

training programs authorized under this chapter.

(c) Operation through experienced organizations; use of procedures consistent with competitive procurement policies; competition

for grants; waiver; goals of programs; recipient performance goals; section programs not

exclusive of other kinds of aid

(1) The Secretary shall provide services to

meet the employment and training needs of migrant and seasonal farmworkers through such

public agencies and private nonprofit organiza-
§ 1673 TITLE 29—LABOR Page 672

tions as the Secretary determines to have an understanding of the problems of migrant and seasonal farmworkers, a familiarity with the area

to be served, and a previously demonstrated capability to administer effectively a diversified

employability development program for migrant

and seasonal farmworkers. In awarding any

grant or contract for services under this section,

the Secretary shall use procedures consistent

with standard competitive Government procurement policies.

(2) The competition for grants under this section shall be conducted every 2 years, except

that if a recipient of such a grant has performed

satisfactorily under the terms of the existing

grant agreement, the Secretary may waive the

requirement for such competition upon receipt

from the recipient of a satisfactory 2-year program plan for the succeeding 2-year grant period.

(3) Programs and activities supported under

this section, including those carried out under

other provisions of this chapter, shall enable

farmworkers and their dependents to obtain or

retain employment, to participate in other program activities leading to their eventual placement in unsubsidized agricultural or nonagricultural employment, and to participate in

activities leading to stabilization in agricultural

employment, and shall include related assistance and supportive services.

(4) Recipients of funds under this section shall

establish performance goals, which shall, to the

extent required by the Secretary, comply with

performance standards established by the Secretary pursuant to section 1516 of this title.

(5) No programs and activities supported under

this section shall preclude assistance to farmworkers under any other provision of this chapter.

(d) Consultation with State and local officials

In administering programs under this section,

the Secretary shall consult with appropriate

State and local officials.

(e) Monitoring of programs for migrant and seasonal farmworker’s employment

The Secretary is directed to take appropriate

action to establish administrative procedures

and machinery (including personnel having particular competence in this field) for the selection, administration, monitoring, and evaluation of migrant and seasonal farmworker’s employment and training programs authorized

under this chapter.

(Pub. L. 97–300, title IV, §402, Oct. 13, 1982, 96

Stat. 1369; Pub. L. 97–404, §4(b), Dec. 31, 1982, 96

Stat. 2026; Pub. L. 102–367, title IV, §401(e), (f),

Sept. 7, 1992, 106 Stat. 1076.)

AMENDMENTS

1992—Subsec. (c)(2). Pub. L. 102–367, §401(e), amended

par. (2) generally. Prior to amendment, par. (2) read as

follows: ‘‘The Secretary may approve the designation of

grantees under this section for a period of two years.’’

Subsec. (f). Pub. L. 102–367, §401(f), struck out subsec.

(f) which read as follows: ‘‘For the purpose of carrying

out this section, the Secretary shall reserve, from

funds available for this subchapter (other than part B

of this subchapter) for any fiscal year, an amount equal

to 3.2 percent of the amount available for part A of subchapter II of this chapter for such fiscal year.’’

1982—Subsec. (a)(2). Pub. L. 97–404, §4(b)(1), inserted

‘‘the special nature of’’ after ‘‘because of’’.

Subsec. (c)(4). Pub. L. 97–404, §4(b)(2), substituted reference to section 1516 of this title for reference to section 1513 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102–367 effective July 1, 1993,

see section 701(a) of Pub. L. 102–367, set out as an Effective Date of 1992 Amendment; Transition Provisions

note under section 1501 of this title.

ASSISTANCE TO LOW-INCOME AGRICULTURAL WORKERS

Pub. L. 100–387, title V, §503, Aug. 11, 1988, 102 Stat.

960, provided that: ‘‘Notwithstanding any other provision of law, for necessary services to be provided by

agencies that have received funds under the Job Training Partnership Act [29 U.S.C. 1501 et seq.] to low-income agricultural workers who have been adversely affected by the drought of 1988, not to exceed $5,000,000

shall be made available to be derived by transfer from

the Disaster Relief Program of the Federal Emergency

Management Agency. The funds shall be distributed by

the Secretary of Labor within 30 days after the date of

the enactment of this Act [Aug. 11, 1988] based on an assessment of the number of low-income agricultural

workers in each grantee’s service delivery area who

have lost income or are unable to work due to the

drought, including those workers who have stayed at

home in anticipation of work shortages. Emergency

services to be provided under this section may include

all types of assistance that the Secretary determines to

be necessary. For the purposes of this section, a low-income agricultural worker receiving assistance must

meet the income eligibility requirements of the section

402 [29 U.S.C. 1672] program under the Job Training

Partnership Act.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1502, 1673, 1781,

1782a, 1782h, 1783, 1784a, 1784b of this title; title 20 section 1070d–2.

§ 1673. Grant procedures

Grants under sections 1671 and 1672 of this

title shall be subject to the Single Audit Act of

1984 (31 U.S.C. 7501 et seq.) and charging of costs

under such sections shall be subject to appropriate circulars issued by the Office of Management and Budget.

(Pub. L. 97–300, title IV, §403, as added Pub. L.

102–367, title IV, §401(g), Sept. 7, 1992, 106 Stat.

1076.)

REFERENCES IN TEXT

The Single Audit Act of 1984, referred to in text, is

Pub. L. 98–502, Oct. 19, 1984, 98 Stat. 2327, as amended,

which is classified generally to chapter 75 (§7501 et seq.)

of Title 31, Money and Finance. For complete classification of this Act to the Code, see Short Title note

set out under section 7501 of Title 31 and Tables.

EFFECTIVE DATE

Section effective July 1, 1993, see section 701(a) of

Pub. L. 102–367, set out as an Effective Date of 1992

Amendment; Transition Provisions note under section

1501 of this title.

PART B—JOB CORPS

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 1502, 1516, 1533,

1645, 1791c of this title; title 20 section 6103; title 42 section 3796ee.

§ 1691. Congressional declaration of purpose

This part maintains a Job Corps for economically disadvantaged young men and women