§ 1579 TITLE 29—LABOR Page 628

1See References in Text note below.

the Secretary determines to award, to not

award, or to only conditionally award, financial

assistance, with respect to any final order of the

Secretary under section 1576 of this title with

respect to a corrective action or sanction imposed under section 1574 of this title, and with

respect to a denial of an appeal under section

1511(4)(C) of this title or 1515(b)(2) of this title,

any party to a proceeding which resulted in such

final order may obtain review of such final order

in the United States Court of Appeals having jurisdiction over the applicant or recipient of

funds, by filing a review petition within 30 days

of such final order.

(2) The clerk of the court shall transmit a

copy of the review petition to the Secretary who

shall file the record upon which the final order

was entered as provided in section 2112 of title

28. Review petitions unless ordered by the court,

shall not stay the Secretary’s order. Petitions

under this chapter shall be heard expeditiously,

if possible within ten days of the filing of a reply

brief.

(3) No objection to the order of the Secretary

shall be considered by the court unless the objection shall have been specifically and timely

urged before the Secretary. Review shall be limited to questions of law and the Secretary’s findings of fact shall be conclusive if supported by

substantial evidence.

(b) Jurisdiction of Court of Appeals; review by

Supreme Court

The court shall have jurisdiction to make and

enter a decree affirming, modifying, or setting

aside the order of the Secretary in whole or in

part. The court’s judgment shall be final, subject to certiorari review by the Supreme Court

of the United States as provided in section

1254(1) of title 28.

(Pub. L. 97–300, title I, §168, Oct. 13, 1982, 96 Stat.

1353.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1576 of this title.

§ 1579. Administrative provisions

(a) Secretary’s prescription of regulations; publication in Federal Register

The Secretary may, in accordance with chapter 5 of title 5, prescribe such rules and regulations (including performance standards) as the

Secretary deems necessary. Such rules and regulations may include adjustments authorized by

section 6504 of title 31. All such rules and regulations shall be published in the Federal Register

at least thirty days prior to their effective date.

Copies of all such rules and regulations shall be

transmitted to the appropriate committees of

the Congress at the same time and shall contain, with respect to each material provision of

such rules and regulations, citations to the particular substantive section of law which is the

basis therefor.

(b) Acceptance of gift

The Secretary is authorized, in carrying out

this chapter, to accept, purchase, or lease in the

name of the department, and employ or dispose

of in furtherance of the purposes of this chapter,

any money or property, real, personal, or mixed,

tangible or intangible, received by gift, devise,

bequest, or otherwise, and to accept voluntary

and uncompensated services notwithstanding

the provisions of section 1342 of title 31.

(c) Secretary’s discretion

The Secretary may make such grants, contracts, or agreements, establish such procedures

and make such payments, in installments and in

advance or by way of reimbursement, or otherwise allocate or expend funds under this chapter

as necessary to carry out this chapter, including

(without regard to the provisions of section

4774(d) 1 of title 10) expenditures for construction, repairs, and capital improvements, and including necessary adjustments in payments on

account of overpayments or underpayments.

(d) Annual report to Congress

The Secretary shall prepare and submit to the

Congress an annual report for employment and

training programs. The Secretary shall include

in such report—

(1) a summary of the achievements, failures,

and problems of the programs authorized in

this chapter in meeting the objective of this

chapter;

(2) a summary of major findings from research, evaluation, pilot projects, and experiments conducted in the previous fiscal year;

(3) recommendations for program modifications based upon analysis of such findings; and

(4) such other recommendations for legislative or administrative action as the Secretary

deems appropriate.

(e) Annual report on impact of energy development and conservation on employment

The Secretary shall develop methods to ascertain, and shall ascertain annually, energy development and conservation employment impact

data by type and scale of energy technologies

used. The Secretary shall present the best available data to the Secretary of Energy, the Secretary of Housing and Urban Development, and

the Director of the Office of Management and

Budget as part of the budgetary process and to

the appropriate Committees of Congress annually.

(Pub. L. 97–300, title I, §169, Oct. 13, 1982, 96 Stat.

1353.)

REFERENCES IN TEXT

Section 4774(d) of title 10, referred to in subsec. (c),

was redesignated as entire section 4774 by Pub. L.

93–166, title V, §509(c), Nov. 29, 1973, 87 Stat. 677, and

subsequently was repealed by Pub. L. 97–214, §7(1), July

12, 1982, 96 Stat. 173.

CODIFICATION

In subsecs. (a) and (b), ‘‘section 6504 of title 31’’ substituted for ‘‘section 204 of the Intergovernmental Cooperation Act of 1968 [42 U.S.C. 4214]’’ and ‘‘section 1342

of title 31’’ substituted for ‘‘section 3679(b) of the Revised Statutes of the United States [31 U.S.C. 665(b)]’’,

respectively, 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1577, 1580 of this

title.
Page 629 TITLE 29—LABOR § 1592

§ 1580. Utilization of services and facilities

The Secretary is authorized, in carrying out

this chapter, under the same conditions applicable under section 1579(c) of this title or to the

extent permitted by law other than this chapter,

to accept and use the services and facilities of

departments, agencies, and establishments of

the United States. The Secretary is also authorized to accept and use the services and facilities

of the agencies of any State or political subdivision of a State, with its consent.

(Pub. L. 97–300, title I, §170, Oct. 13, 1982, 96 Stat.

1354; Pub. L. 102–367, title I, §145, Sept. 7, 1992,

106 Stat. 1052.)

AMENDMENTS

1992—Pub. L. 102–367 substituted ‘‘under the same

conditions applicable under section 1579(c) of this title

or to the extent’’ for ‘‘and to the extent’’.

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.

§ 1581. Obligational authority

Notwithstanding any other provision of this

chapter, no authority to enter into contracts or

financial assistance agreements under this chapter shall be effective except to such extent or in

such amount as are provided in advance in appropriation Acts.

(Pub. L. 97–300, title I, §171, Oct. 13, 1982, 96 Stat.

1354.)

§ 1582. Presidential awards for outstanding private sector involvement in job training programs

(a)(1)(A) The President is authorized to make

Presidential awards for outstanding achievement by the private sector in the job training

partnership program authorized by this chapter.

The President is authorized to make such

awards to individuals who, and organizations

which, have demonstrated outstanding achievement in planning and administering job training

partnership programs or in contributing to the

success of the job training partnership program.

(B) In making the awards pursuant to subparagraph (A) of this paragraph, the President shall

consider the effectiveness of the program for

which the award is made.

(2) The President is authorized to make Presidential awards for model programs in the job

training partnership program authorized by this

chapter which demonstrate effectiveness in addressing the job training needs of groups of individuals with multiple barriers to employment.

(b)(1) Each year the President is authorized to

make such awards under subsection (a) of this

section as the President determines will carry

out the objectives of this chapter.

(2) The President shall establish such selection

procedures, after consultation with the Secretary and the Governors of the States, as may

be necessary.

(Pub. L. 97–300, title I, §172, as added Pub. L.

99–496, §4, Oct. 16, 1986, 100 Stat. 1261.)

CODIFICATION

Another section 172 of Pub. L. 97–300 was redesignated

section 173 and is classified to section 1583 of this title.

§ 1583. Construction

(a) Eligibility

Nothing in this chapter shall be construed to

limit the right of persons to remain eligible for

assistance under title XIX of the Social Security

Act [42 U.S.C. 1396 et seq.], relating to Medicaid

pursuant to section 1619(b) of such Act [42 U.S.C.

1382h(b)].

(b) Use of funds

Nothing in this chapter shall be construed to

authorize the use of funds under this chapter for

the ongoing support services provided to individuals with disabilities placed in supported employment, as such term is defined in section

706(18) of this title.

(Pub. L. 97–300, title I, §173, formerly §172, as

added Pub. L. 100–628, title VII, §714(e)(1), Nov. 7,

1988, 102 Stat. 3256; renumbered §173 and amended Pub. L. 102–367, title I, §103(b)(3), title VII,

§702(a)(9), Sept. 7, 1992, 106 Stat. 1026, 1112.)

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (a), is

act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title

XIX of the Social Security Act is classified generally to

subchapter XIX (§1396 et seq.) of chapter 7 of Title 42,

The Public Health and Welfare. For complete classification of that Act to the Code, see section 1305 of

Title 42 and Tables.

AMENDMENTS

1992—Subsec. (b). Pub. L. 102–367, §103(b)(3), substituted ‘‘individuals with disabilities’’ for ‘‘handicapped individuals’’.

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.

PART E—MISCELLANEOUS PROVISIONS

§ 1591. Repealed. Pub. L. 102–367, title VII,

§ 702(a)(10), Sept. 7, 1992, 106 Stat. 1112

Section, Pub. L. 97–300, title I, §181, Oct. 13, 1982, 96

Stat. 1354; Pub. L. 97–404, §1(i), Dec. 31, 1982, 96 Stat.

2026, related to transition between the Comprehensive

Employment Training Act and this chapter.

EFFECTIVE DATE OF REPEAL

Repeal 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.

§ 1592. Statutory references to Comprehensive

Employment and Training Act

Effective on October 13, 1982, all references in

any other statute other than this chapter, and

other than in section 665 of title 18, to the Comprehensive Employment and Training Act [29

U.S.C. 801 et seq.] shall be deemed to refer to the

Job Training Partnership Act [29 U.S.C. 1501 et

seq.].

(Pub. L. 97–300, title I, §183, Oct. 13, 1982, 96 Stat.

1357.)