§ 1774 TITLE 29—LABOR Page 700

1So in original. Probably should be a semicolon.

(3) examine and evaluate the effectiveness of

federally assisted employment and training

programs (including programs assisted under

this chapter), with particular reference to the

contributions of such programs to the achievement of objectives sought by the recommendations made under clause (2);

(4) advise the Secretary on the development

of national performance standards and the parameters of variations of such standards for

programs conducted pursuant to this chapter;

(5) evaluate the impact of tax policies on

employment and training opportunities;

(6) examine and evaluate major Federal programs which are intended to, or potentially

could, contribute to achieving major objectives of existing employment and training and

related legislation or the objectives set forth

in the recommendations of the Commission,

and particular attention shall be given to the

programs which are designed, or could be designed, to develop information and knowledge

about employment and training problems

through research and demonstration projects

or to train personnel in fields (such as occupational counseling, guidance, and placement)

which are vital to the success of employment

and training programs;

(7) identify the employment and training

and vocational education needs of the Nation

and assess the extent to which employment

and training, vocational education, rehabilitation, and other programs assisted under this

chapter and related Acts represent a consistent, integrated, and coordinated approach to

meeting such needs.1

(8) study and make recommendations on

how, through policies and actions in the public

and private sectors, the Nation can attain and

maintain full employment, with special emphasis on the employment difficulties faced by

the segments of the labor force that experience differentially high rates of unemployment;

(9) identify and assess the goals and needs of

the Nation with respect to economic growth

and work improvements, including conditions

of employment, organizational effectiveness

and efficiency, alternative working arrangements, and technological changes;

(10) evaluate the effectiveness of training

provided with Federal funds in meeting emerging skill needs; and

(11) study and make recommendations on

the use of advanced technology in the management and delivery of services and activities

conducted under this chapter.

(Pub. L. 97–300, title IV, §473, Oct. 13, 1982, 96

Stat. 1388; Pub. L. 98–524, §4(a)(8), Oct. 19, 1984, 98

Stat. 2488; Pub. L. 102–367, title VII, §702(a)(18),

Sept. 7, 1992, 106 Stat. 1112.)

AMENDMENTS

1992—Par. (7). Pub. L. 102–367 redesignated subpar. (A)

as entire par., struck out ‘‘, after consultation with the

National Council on Vocational Education,’’ after

‘‘identify’’, substituted a period for ‘‘; and’’ after

‘‘meeting such needs’’, and struck out subpar. (B)

which read as follows: ‘‘comment, at least once annually, on the reports of the National Council on Vocational Education, which comments shall be included in

one of the reports submitted by the National Commission pursuant to this subchapter and in one of the reports submitted by the National Council on Vocational

Education pursuant to part D of subchapter IV of the

Carl D. Perkins Vocational Education Act;’’.

1984—Par. (7). Pub. L. 98–524 substituted ‘‘National

Council on Vocational Education’’ for ‘‘National Advisory Council on Vocational Education’’, wherever appearing, and ‘‘part D of subchapter IV of the Carl D.

Perkins Vocational Education Act’’ for ‘‘section 162 of

the Vocational Education Act of 1963’’.

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.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–524 effective for fiscal

years beginning on or after Oct. 1, 1984, except as otherwise provided, see section 2 of Pub. L. 98–524, set out as

an Effective Date note under section 2301 of Title 20,

Education.

§ 1774. Administrative provisions

(a) Authority of Chairman: rules; staff and compensation; consultants; voluntary services;

acceptance of gifts; contracts; studies and

hearings; use of governmental facilities; advances and payments

Subject to such rules and regulations as may

be adopted by the Commission, the Chairman is

authorized to—

(1) prescribe such rules and regulations as

may be necessary;

(2) appoint and fix the compensation of such

staff personnel as the Chairman deems necessary, and without regard to the provisions of

title 5 governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification

and the General Schedule pay rates, appoint

not to exceed five additional professional personnel;

(3) procure the services of experts and consultants in accordance with section 3109 of

title 5;

(4) accept voluntary and uncompensated

services of professional personnel, consultants,

and experts, notwithstanding any other provision of law;

(5) accept in the name of the United States

and employ or dispose of gifts or bequests to

carry out the functions of the Commission

under this subchapter;

(6) enter into contracts and make such other

arrangements and modifications, as may be

necessary;

(7) conduct such studies, hearings, research

activities, demonstration projects, and other

similar activities as the Commission deems

necessary to enable the Commission to carry

out its functions under this subchapter;

(8) use the services, personnel, facilities, and

information of any department, agency, and

instrumentality of the executive branch of the

Federal Government and the services, personnel, facilities, and information of State and

local public agencies and private research
Page 701 TITLE 29—LABOR § 1781

1So in original. Probably should be ‘‘sections’’.

agencies, with the consent of such agencies,

with or without reimbursement therefor; and

(9) make advances, progress, and other payments necessary under this chapter without

regard to the provisions of section 3324(a) and

(b) of title 31.

(b) Availability of Federal agencies and information

Upon request made by the Chairman of the

Commission, each department, agency, and instrumentality of the executive branch of the

Federal Government is authorized and directed

to make its services, personnel, facilities, and

information (including computer-time, estimates, and statistics) available to the greatest

practicable extent to the Commission in the performance of its functions under this chapter.

(Pub. L. 97–300, title IV, §474, Oct. 13, 1982, 96

Stat. 1389.)

CODIFICATION

In subsec. (a)(9) ‘‘section 3324(a) and (b) of title 31’’

substituted for ‘‘section 3648 of the Revised Statutes (31

U.S.C. 529)’’ on authority of Pub. L. 97–258, §4(b), Sept.

13, 1982, 96 Stat. 1067, the first section of which enacted

Title 31, Money and Finance.

§ 1775. Reports

The Commission shall make at least annually

a report of its findings and recommendations to

the President and to the Congress. The Commission may make such interim reports or recommendations to the Congress, the President, the

Secretary, or to the heads of other Federal departments and agencies, and in such form, as it

may deem desirable. The Commission shall include in any report made under this section any

minority or dissenting views submitted by any

member of the Commission.

(Pub. L. 97–300, title IV, §475, Oct. 13, 1982, 96

Stat. 1389.)

PART G—TRAINING TO FULFILL AFFIRMATIVE

ACTION OBLIGATIONS

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 1502 of this title.

§ 1781. Affirmative action

(a) Contractor’s obligations; training program

contents

A contractor subject to the affirmative action

obligations of Executive Order 11246, as amended, issued September 24, 1965, may establish or

participate in training programs pursuant to

this section for individuals meeting the eligibility criteria established in section1 1603, 1643,

1671, and 1672 of this title, which are designed to

assist such contractors in meeting the affirmative action obligations of such Executive order.

To qualify under this section, such a training

program shall contain—

(1) a description of the jobs in the contractor’s work force or in the service delivery

area, for which the contractor has determined

there is a need for training;

(2) a description of the recruiting, training,

or other functions that the contractor, or the

organization that will be engaged to perform

the training, will perform and the steps that

will be taken to insure that eligible individuals will—

(A) be selected for participation in training,

(B) be trained in necessary skills, and

(C) be referred for job openings,

in accordance with the objectives of such Executive order;

(3) whenever an organization other than the

contractor will perform the training, a description of the demonstrated effectiveness of

the organization as a provider of employment

and training services;

(4) a description of how the contractor will

monitor the program to keep an accurate accounting of all trainees, including (A) whether

the trainees successfully complete the training program, and (B) whether the trainees are

or are not placed; and

(5) an estimation of the cost of the program

and an assurance that the contractor will assume all costs of the program or the pro rata

share of costs to the contractor of the program.

(b) Review of community-need directed programs; programs includable in performance

accomplishments; determination of affirmative action compliance; notice of compliance;

abbreviated affirmative action program; successful performance and presumption of

good faith effort; limitation; ‘‘successful performance or operation’’ defined

(1)(A) If the training proposal is designed to

meet the needs of the community rather than,

or in addition to, the employment needs of the

contractor, and has not been approved by another Federal agency, the program shall be submitted to the private industry council established under section 1512 of this title for a determination that there is a need for such training

in the community.

(B) Individuals trained under any program satisfying the requirements of this section may be

included by the private industry council in its

performance accomplishments and the wage

gains of such individuals shall be included in determining the compliance of the job training

program of the private industry council with applicable standards.

(2) The Director of the Office of Federal Contract Compliance Programs, Department of

Labor, shall promulgate regulations setting

forth how the Office will determine, during a

compliance review, the degree to which a training program will satisfy the contractor’s affirmative action obligations. The training and placement of trainees with employers other than the

contractor may be considered in evaluating such

contractor’s overall good faith efforts, but in no

event may placement of trainees with employers

other than the contractor be permitted to affect

that contractor’s affirmative action obligations

respecting its work force. The content of the

training program will not be subject to review

or regulation by the Office of Federal Contract

Compliance Programs. If during a compliance

review the Director of the Office of Federal Contract Compliance Programs determines that a