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