Page 667 TITLE 29—LABOR § 1662e

‘‘(d) FUNDING.—From the unobligated balance of

funds made available pursuant to section 4465(c) of the

National Defense Authorization Act for Fiscal Year

1993 (Public Law 102–484; 29 U.S.C. 1662d–1 note) to carry

out section 325A of the Job Training Partnership Act

(29 U.S.C. 1662d–1), not more than $10,000,000 shall be

available to the Secretary of Labor to carry out this

section during fiscal year 1994. Funds made available

under section 1302 [107 Stat. 1783] for defense conversion, reinvestment, and transition assistance programs

shall not be used to carry out this section.’’

AUTHORITY TO TRANSFER FUNCTIONS

Section 4465(b) of Pub. L. 102–484 provided that: ‘‘The

Secretary of Defense may transfer any function of such

Secretary under the amendment made by subsection (a)

[enacting this section] to the Secretary of Labor.

Whenever such a transfer is made, any funds available

to the Secretary of Defense for the performance of such

function shall be transferred to the appropriate accounts of the Department of Labor.’’

FUNDING FOR FISCAL YEAR 1993

Section 4465(c) of Pub. L. 102–484 provided that: ‘‘Of

the amount authorized to be appropriated in section 301

[106 Stat. 2360] for Defense Agencies, $75,000,000 shall be

available to carry out section 325A of the Job Training

Partnership Act [29 U.S.C. 1662d–1], as added by subsection (a).’’

JOB BANK PROGRAM FOR DISCHARGED MILITARY PERSONNEL, TERMINATED DEFENSE EMPLOYEES, AND DISPLACED EMPLOYEES OF DEFENSE CONTRACTORS

Section 4468 of Pub. L. 102–484 provided that:

‘‘(a) INTERSTATE JOB BANK PROGRAM.—The Secretary

of Defense shall establish a program to expand the services of and provide access to the Interstate Job Bank

program in the United States Employment Service to

individuals eligible for training, adjustment assistance,

and employment services under sections 325 and 325A of

the Job Training Partnership Act [29 U.S.C. 1662d,

1662d–1] and, in the case of members of the Armed

Forces so eligible, the spouses of such members. The

Secretary may establish such program in coordination

with the Defense Outplacement Referral System and

other automated job opening networks.

‘‘(b) SERVICES INCLUDED.—The program established

under subsection (a) may include the following services:

‘‘(1) A phone bank reachable by a toll-free number,

staffed by an international ‘help desk’ of individuals

familiar with the services provided under section 1144

of title 10, United States Code, and related transition

programs under chapter 58 of such title (in the case

of members of the Armed Forces, priority shall be

given to recently-discharged veterans, members of

the Armed Forces who have been separated from active duty, and their spouses).

‘‘(2) Interstate Job Bank satellite offices or systems

at defense contractor plants by State employment security agencies and at all military bases for direct

access and self service to job listings.

‘‘(3) Specialized job banks to integrate with the

Interstate Job Bank for specialized listings or services such as the Defense Outplacement Referral System (DORS) of resumes, National Academy of Sciences Network, commercial systems, and the outplacement of defense-related personnel in high-tech

occupations through the expansion and coordination

of existing networks to ensure that resources are

available at all service locations.

‘‘(4) A system by which individuals and public and

private organizations may access the Interstate Job

Bank using individual modems or related automated

employment systems.

‘‘(c) FUNDING FOR FISCAL YEAR 1993.—Of the amount

authorized to be appropriated in section 301 [106 Stat.

2360] for Defense Agencies, $4,000,000 shall be available

to carry out the program established under subsection

(a).’’

TREATMENT OF CERTAIN PROVISIONS OF LAW UPON

TRANSFER OF AMOUNTS PROVIDED UNDER PUB. L.

102–484

Section 4473 of Pub. L. 102–484 provided that:

‘‘(a) CONTINGENT REPEAL.—

‘‘(1) IN GENERAL.—If a transfer is made in accordance with section 4501(c) [10 U.S.C. 114 note] of the

full amount of an amount described in subparagraph

(A) or (B) of paragraph (2) [no such transfer has been

made], then the section referred to in that subparagraph (including the amendments made by the section) is repealed, effective as of the date of the enactment of this Act [Oct. 23, 1992], and the provisions of

any Act amended by such section shall apply as if the

amendments had not been enacted.

‘‘(2) AMOUNTS DESCRIBED.—(A) The amount described in this subparagraph is the amount provided

under subsection (c) of section 4465 [set out above] for

the amendments to the Job Training Partnership Act

under such section [enacting this section].

‘‘(B) The amount described in this subparagraph is

the amount provided under subsection (c) of section

4468 [set out above] for the program under such section.

‘‘(b) PUBLICATION IN THE FEDERAL REGISTER.—If a

transfer described in subsection (a)(1) is made, then the

Secretary of Defense shall promptly publish in the Federal Register a notice of such transfer. Such notice

shall specify the date on which such transfer occurred.’’

§ 1662e. Clean air employment transition assistance

(a) Determination of eligibility

(1) Definitions

For purposes of this section, the term ‘‘eligible individual’’ means an individual who—

(A) is an eligible dislocated worker, as

that term is defined in section 1651(a) of this

title, and

(B) has been terminated or laid off, or has

received a notice of termination or lay off,

as a consequence of compliance with the

Clean Air Act [42 U.S.C. 7401 et seq.].

(2) Determinations

The determination of eligibility under paragraph (1)(B) of this subsection shall be made

by the Secretary of Labor, pursuant to criteria

established by the Secretary, in consultation

with the Administrator of the Environmental

Protection Agency.

(b) Grants authorized

The Secretary may make grants to States,

substate grantees (as defined in section 1661a(c)

of this title), employers, employer associations,

and representatives of employees—

(1) to provide training, adjustment assistance, and employment services to eligible individuals adversely affected by compliance

with the Clean Air Act [42 U.S.C. 7401 et seq.];

and

(2) to make needs-related payments to such

individuals in accordance with subsection (f)

of this section.

(c) Priority and approval

(1) Priority

In reviewing applications for grants under

subsection (b) of this section, the Secretary

shall give priority to applications proposing to
§ 1662e TITLE 29—LABOR Page 668

provide training, adjustment assistance, and

services in areas which have the greatest number of eligible individuals.

(2) Needs-related payments required

The Secretary shall not approve an application for a grant under subsection (b) of this

section unless the application contains assurances that the applicant will use grant funds

to provide needs-related payments in accordance with subsection (f) of this section.

(d) Use of funds

Subject to the requirements of subsections (e)

and (f) of this section, grants under subsection

(b) of this section may be used for any purpose

for which funds may be used under section 1661c

of this title.

(e) Adjustment assistance

(1) Job search allowance

(A) In general

Grants under subsection (b) of this section

for adjustment assistance may be used to

provide job search allowances to eligible individuals. Such allowance, if granted, shall

provide reimbursement to the individual of

not more than 90 percent of the cost of necessary job search expenses, as prescribed by

regulations of the Secretary, but may not

exceed $800 unless the need for a greater

amount is justified in the application and

approved by the Secretary.

(B) Criteria for granting job search allowances

A job search allowance may be granted

only—

(i) to assist an eligible individual who

has been totally separated in securing a

job within the United States; and

(ii) where the Secretary determines that

such employee cannot reasonably be expected to secure suitable employment in

the commuting area in which the worker

resides.

(2) Relocation allowance

(A) In general

Grants under subsection (b) of this section

for adjustment assistance may be used to

provide relocation allowances to eligible individuals. Such an allowance may only be

granted to assist an eligible individual in relocating within the United States and only if

the Secretary determines that—

(i) such employee cannot reasonably be

expected to secure suitable employment in

the commuting area in which the employee resides; and

(ii) such employee—

(I) has obtained suitable employment

affording a reasonable expectation of

long-term duration in the area in which

the employee wishes to relocate, or has

obtained a bona fide offer of such employment, and

(II) is totally separated from employment at the time relocation commences.

(B) Amount of relocation allowance

The amount of any relocation allowance

for any eligible individual may not exceed

the amount which is equal to the sum of—

(i) 90 percent of the reasonable and necessary expenses, specified in regulations

prescribed by the Secretary, incurred in

transporting an individual and the individual’s family, if any, and household effects,

and

(ii) a lump sum equivalent to 3 times the

employee’s average weekly wage, up to a

maximum payment of $800, unless the need

for a greater amount is justified in the application and approved by the Secretary.

(f) Needs-related payments

The Secretary shall prescribe regulations with

respect to the use of funds from grants under

subsection (b) of this section for needs-related

payments in order to enable eligible individuals

to complete training or education programs

under this section. Such regulations shall—

(1) require that such payments shall be provided to an eligible individual only if such individual—

(A) does not qualify or has ceased to qualify for unemployment compensation;

(B) has been enrolled in training by the

end of the 13th week of the individual’s initial unemployment compensation benefit period, or, if later, the end of the 8th week

after an individual is informed that a shortterm layoff will in fact exceed 6 months; and

(C) is participating in training or education programs under this section, except

that such regulations shall protect an individual from being disqualified pursuant to

this clause for a failure to participate that is

not the fault of the individual;

(2) provide that to qualify for such payments

the individual currently receives, or is a member of a family which currently receives, a

total family income (exclusive of unemployment compensation, child support payments,

and welfare payments) which, in relation to

family size, is not in excess of the lower living

standard income level;

(3) provide that the levels of such payments

shall be equal to the higher of—

(A) the applicable level of unemployment

compensation; or

(B) the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget;

(4) provide for the adjustment of payments

to reflect changes in total family income; and

(5) provide that the grantee shall obtain information with respect to such income, and

changes therein, from the eligible individual.

(g) Administrative expenses

The Secretary of Labor may reserve not more

than 5 percent of the funds appropriated under

this section for the administration of activities

authorized under this section, including the provision of technical assistance for the preparation of grant applications.

(h) Authorization of appropriations

In addition to amounts authorized to be appropriated by section 1502(b) of this title, there are

authorized to be appropriated $50,000,000 for fiscal year 1991, and such sums as may be necessary for each of fiscal years 1992, 1993, 1994, and
Page 669 TITLE 29—LABOR § 1671

1995 to carry out this section. The total amount

appropriated for all 5 such fiscal years shall not

exceed $250,000,000. Amounts appropriated pursuant to this subsection shall remain available

until expended.

(i) Regulations

The Secretary shall prescribe regulations to

carry out this section not later than 180 days

after November 15, 1990.

(j) GAO assessment of effects of Clean Air Act

compliance on employment

The Comptroller General of the United States

shall—

(1) identify and assess, to the extent possible, the effects on employment that are attributable to compliance with the provisions

of the Clean Air Act [42 U.S.C. 7401 et seq.];

and

(2) submit to the Congress on the 4th anniversary of November 15, 1990, a written report

on the assessments required under paragraph

(1).

(Pub. L. 97–300, title III, §326, as added Pub. L.

101–549, title XI, §1101(a), Nov. 15, 1990, 104 Stat.

2709; amended Pub. L. 102–367, title I, §102(b),

Sept. 7, 1992, 106 Stat. 1024.)

REFERENCES IN TEXT

The Clean Air Act, referred to in subsecs. (a)(1)(B),

(b)(1), and (j)(1), is act July 14, 1955, ch. 360, 69 Stat. 322,

as amended, which is classified generally to chapter 85

(§7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the

Code, see Short Title note set out under section 7401 of

Title 42 and Tables.

CODIFICATION

November 15, 1990, referred to in subsec. (j)(2), was in

the original ‘‘the date of the enactment of this subtitle’’, and was translated as meaning the date of the

enactment of Pub. L. 101–549 which enacted this section, to reflect the probable intent of Congress because

the Job Training Partnership Act which is classified to

this chapter does not contain subtitles.

AMENDMENTS

1992—Subsec. (h). Pub. L. 102–367 substituted ‘‘1502(b)’’

for ‘‘1502(c)’’.

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1502, 1662d–1 of

this title.

SUBCHAPTER IV—FEDERALLY

ADMINISTERED PROGRAMS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 31 section 6703;

title 42 section 4368a.

PART A—EMPLOYMENT AND TRAINING PROGRAMS

FOR NATIVE AMERICANS AND MIGRANT AND

SEASONAL FARMWORKERS

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 1502, 1516 of this

title.

§ 1671. Native American programs

(a) Congressional findings

The Congress finds that (1) serious unemployment and economic disadvantages exist among

members of Indian, Alaskan Native, and Hawaiian Native communities; (2) there is a compelling need for the establishment of comprehensive training and employment programs for

members of those communities; and (3) such programs are essential to the reduction of economic

disadvantages among individual members of

those communities and to the advancement of

economic and social development in the communities consistent with their goals and lifestyles.

(b) Congressional declaration of guidelines

The Congress therefore declares that, because

of the special relationship between the Federal

Government and most of the individuals to be

served by the provisions of this section, (1) such

programs shall be administered at the national

level; (2) such programs shall be available to federally recognized Indian tribes, bands, and

groups and to other groups and individuals of

Native American descent; and (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 section.

(c) Operation through Native American organizations where possible

(1)(A) In carrying out responsibilities under

this section, the Secretary shall, wherever possible, utilize Indian tribes, bands, or groups on

Federal or State reservations, Oklahoma Indians, and including for the purpose of this chapter, Alaska Native villages or groups as defined

in the Alaska Native Claims Settlement Act [43

U.S.C. 1601 et seq.], having a governing body for

the provision of employment and training services under this section. When the Secretary determines that such tribe, band, or group has

demonstrated the capability to effectively administer a comprehensive employment and

training program, the Secretary shall require

such tribe, band, or group to submit a comprehensive plan meeting such requirements as the

Secretary prescribes.

(B) The Secretary shall arrange for programs

to meet the employment and training needs of

Hawaiian natives through such organizations as

the Secretary determines will best meet their

needs.

(2) In carrying out responsibilities under this

section, the Secretary shall make arrangements

with organizations (meeting requirements prescribed by the Secretary) serving nonreservation

Native Americans for programs and projects designed to meet the needs of such Native Americans for employment and training and related

services.

(d) Alternative operation through approved organizations

Whenever the Secretary determines not to utilize Indian tribes, bands, or groups for the provision of employment and training services under

this section, the Secretary shall, to the maximum extent feasible, enter into arrangements