Job Training Partnership Act
PL 97-300 (S.2036), enacted 10/13/1982

96 STAT. 1322 
PUBLIC LAW 97-300—OCT. 13, 1982 
Public Law 97-300 
97th Congress 
An Act 
Oct. 13, 1982 
[S. 2036] 
To provide for a job training program and for other purposes. 
) Training 
Partnership Act 
Be it enacted by the Senate and House of Representatives of the 
Job Training 
United States of America in Congress assembled, 
SHORT TITLE; TABLE OP CONTENTS 
29 use 1501 
SECTION 1. This Act may be cited as the "Job Training Partner-
note, 
ship Act". 
TABLE OF CONTENTS 
Sec. 1. Short title; table of contents. 
Sec. 2. Statement of purpose. 
Sec. 3. Authorization of appropriations. 
Sec. 4. Definitions. 
TITLE I-nJOB TRAINING PARTNERSHIP 
PAKT A—SERVICE DELIVERY SYSTEM 
Sec. 101. Establishment of service delivery areas. 
Sec. 102. Establishment of private industry council. 
Sec. 103. Functions of private industry council. 
Sec. 104. Job training plan. 
Sec. 105. Review and approval of plan. 
Sec. 106. Performance standards. 
Sec. 107. Selection of service providers. 
Sec. 108. Limitation on certain costs. 
PART B—ADDITIONAL STATE RESPONSIBILITIES 
Sec. 121. Governor's coordination and special services plan. 
Sec. 122. State job training coordinating council. 
Sec. 123. State education coordination and grants. 
Sec. 124. Training programs for older individuals. 
Sec. 125. State labor market information programs. 
Sec. 126. Authority of State legislature. 
Sec. 127. Interstate agreements. 
PART C—PROGRAM REQUIREMENTS FOR SERVICE DELIVERY SYSTEM 
Sec. 141. General program requirements. 
Sec. 142. Benefits. 
Sec. 143. Labor standards. 
Sec. 144. Grievance procedure. 
Sec. 145. Prohibition against Federal control of education. 
PART D—FEDERAL AND FISCAL ADMINISTRATIVE PROVISIONS 
Sec. 161. Program year. 
Sec. 162. Prompt cdlocation of funds. 
Sec. 163. Monitoring. 
Sec. 164. Fiscal controls; sanctions. 
Sec. 165. Reports, recordkeeping, and investigations. 
Sec. 166. Administrative abjudication. 
Sec. 167. Nondiscrimination. 
Sec. 168. Judicial review. 
Sec. 169. Administrative provisions. 
Sec. 170. Utilization of services and facilities. 
Sea 171. Obligational authority. 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1323 
PART E—MISCELLANEOUS PROVISIONS 
Sec. 181. Transition. 
Sec. 182. Criminal provisions. 
Sec. 183. Reference. 
Sec. 184. Repealers. 
TITLE n-TRAINING SERVICES FOR THE DISADVANTAGED 
PART A—ADULT AND YOUTH PROGRAMS 
Sec. 201. Allotment. 
Sec. 202. Within State allocation. 
Sec. 203. Eligibility for services. 
Sec. 204. Use of funds. 
Sec. 205. Exemplary youth programs. 
PART B—SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAMS 
Sec. 251. Authorization of appropriations; allotment and allocation. 
Sec. 252. Use of funds. 
Sec. 253. Limitations. 
Sec. 254. Applicable provisions. 
TITLE 
ra-EMPLOYMENT 
AND TRAINING ASSISTANCE FOR DISLOCATED 
WORKERS 
Sec. 301. Allocation of funds. 
Sec. 302. Identification of dislocated workers. 
Sec. 303. Authorized activities. 
Sec. 304. Matching requirement. 
Sec, 305. Program review. 
Sec. 306. Consultation with labor organizations. 
Sec. 307. Limitations. 
Sec. 308. State plans; coordination with other programs. 
TITLE IV-FEDERALLY ADMINISTERED PROGRAMS 
PART A—EMPLOYMENT AND TRAINING PROGRAMS FOR NATIVE AMERICANS AND 
MIGRANT AND SEASONAL FARMWORKERS 
Sec. 401. Native American programs. 
Sec. 402. Migrant and seasonal farmworker programs. 
PART B—JOB CORPS 
Sec. 421. Statement of purpose. 
Sec. 422. Establishment of the Job Corps. 
Sec. 423. Individuals eligible for the Job Corps. 
Sec. 424. Screening and selection of applicants: general provisions. 
Sec. 425. Screening and selection: special limitations. 
Sec. 426. Enrollment and assignment. 
Sec. 427. Job Cori» centers. 
Sec. 428. Program activities. 
Sec. 429. Allowances and support. 
Sec. 430. Standards of conduct. 
Sec. 431. Community participation. 
Sec. 432. Counseling and job placement. 
Sec. 433. Experimental and developmental projects and coordination with other 
programs. 
Sec. 434. Advisory boards and committees. 
Sec. 435. Participation of the States. 
Sec. 436. Application of provisions of Federal law. 
Sec. 437. Special provisions. 
Sec. 438. Grenered provisions. 
Sec. 439. Donations. 
PART C—VETERANS' EMPLOYMENT PROGRAMS 
Sec. 441. Programs authorized. 
PART D—NATIONAL AcnvrnES 
Sec. 451. Multistate programs. 
Sec. 452. Research and demonstration. 
Sec. 453. Pilot projects. 
Sec. 454. Evaluation. 
96 STAT. 1324 
PUBLIC LAW 97-300—OCT. 13, 1982 
Sec. 455. Training and technical assistance. 
PART E—LABOR MARKET INFORMATION 
Sec. 461. Labor market information; availability of funds. 
Sec. 462. Cooperative labor market information program. 
Sec. 468. Special Federal responsibilities. 
Sec. 464. National Occupational Information Coordinating Committee. 
Sec. 465. Job bank program. 
PART F—NATIONAL COMMISSION FOR EMPLOYMENT POUCY 
Sec. 471. Statement of purpose. 
Sec. 472. Commission established. 
Sec. 473. Functions of the Commission. 
Sec. 474. Administrative provisions. 
Sec. 475. Reports. 
PART G—TRAINING TO FULFILL AFFIRMATIVE ACTION OBUGATIONS 
Sec. 481. Affirmative action. 
TITLE V—MISCELLANEOUS PROVISIONS 
Sec. 501. Amendments to the Wagner-Peyser Act. 
Sec. 502. Amendments to part C of title IV of the Social Security Act. 
Sec. 503. Earnings disregard. 
Sec. 504. Enforcement of Military Selective Service Act. 
STATEMENT OF PURPOSE 
29 use 1501. 
SEC. 2. It is the purpose of this Act to establish programs to 
prepare youth and unskilled adults for entry into the labor force 
and to afford job training to those economically disadvantaged 
individuals and other individuals facing serious barriers to employ-
ment, vfho are in special need of such training to obtain productive 
employment. 
AUTHORIZATION OF APPROPRIATIONS 
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SEC. 3. (aXD There are authorized to be appropriated to carry out 
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sums as may be necessary for fiscal year 1983 and for each succeed-
ing fiscal year. 
(2) From the amount appropriated pursuant to paragraph (1) for 
£my fiscal year, an amount equal to not more than 7 percent of the 
total amount appropriated pursuant to this section shall be availa-
Post, pp. 1368, 
ble to carry out parts A, C, D, E, F, and G of title IV. 
1 oiS' 1 oon' ^^^^' 
(3) Of the amount so reserved under paragraph (2)— 
^^^^' ^^^" 
(A) 5 percent shall be available for part C of title IV, and 
(B) $2,000,000 shall be available for part F of title IV. 
0)) There are authorized to be appropriated to carry out part B of 
Post, p. 1364. 
title II such sums as may be necessary for fiscal year 1983 and for 
each succeeding fiscal year. 
Post, p. 1364. 
(c) There are authorized to be appropriated to carry out title III 
such sums as may be necessary for fiscal year 1983 and for each 
succeeding tiscal year. 
(d) There are authorized to be appropriated $618,000,000 for fiscal 
year 1983, and such sums as may be necessary for each succeeding 
fiscal year, to carry out part B of title IV of this Act. 
(e) The authorizations of appropriations contained in this section 
Post, p. 1347. 
are subject to the program year provisions of section 161. 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1325 
DEFINITIONS 
SEC. 4. For the purposes of this Act, the following definitions 29 use i503. 
apply: 
(1) The term "academic credit" means credit for education, 
training, or work experience applicable toward a secondary 
school diploma, a postsecondary degree, or an accredited certifi-
cate of completion, consistent with applicable State law and 
regulation and the requirements of an accredited educational 
agency or institution in a State. 
(2) The term "administrative entity" means the entity desig-
nated to administer a job training plan under section 
103(b)(1)(B). 
(3) The term "area of substantial unemployment" means any 
area of sufficient size and scope to sustain a program under part 
A of title II of this Act and which has an average rate of 
unemployment of at least 6.5 percent for the most recent twelve 
months as determined by the Secretary. Determinations of 
areas of substantial unemployment shall be made once each 
fiscal year. 
(4) The term "chief elected official" includes— 
(A) in the case of a State, the Governor; 
(B) in the District of CJolumbia, the mayor; and 
(C) in the case of a service delivery area designated under 
section 101(aX4)(AXiii), the governing body. 
(5) The term "communitv-based organizations" means private 
nonprofit organizations wnich are representative of communi-
ties or significant segments of communities and which provide 
job training services (for example, Opportunities Industrializa-
tion Centers, the National Urban League, SER-Jobs for Prog-
ress, United Way of America, Mainstream, the National Puerto 
Rican Forum, National Council of La Raza, 70,001, Jobs for 
Youth, organizations operating career intern programs, neigh-
borhood groups and organizations, community action agencies, 
community development corporations, vocational rehabilitation 
organizations, rehabilitation facilities (as defined in section 
7(10) of the Rehabilitation Act of 1973), agencies serving youth, 29 use 706. 
agencies serving the handicapped, agencies serving displaced 
homemakers, union-related organizations, and employer-related 
nonprofit organizations), and organizations serving nonreserva-
tion Indians (including the National Urban Indian Council), as 
well as tribal governments and Native Alaskan groups. 
(6) Except as otherwise provided therein, the term "council" 
means the private industry council established under section 
102. 
(7) The term "economic development agencies" includes local 
planning and zoning commissions or boards, community devel-
opment agencies, and other local agencies and institutions 
responsible for regulating, promoting, or assisting in local 
economic development. 
(8) The term "economically disadvantaged" means an individ-
ual who (A) receives, or is a member of a family which receives, 
cash welfare payments under a Federal, State, or local welfare 
program; (B) has, or is a member of a family which has, received 
a total family income for the six-month period prior to applica-
tion for the program involved (exclusive of unemployment com-
pensation, child support payments, and welfare payments) 
96 STAT. 1326 
PUBLIC LAW 97-300—OCT. 13, 1982 
which, in relation to family size, was not in excess of the higher 
of (i) the poverty level determined in accordance with criteria 
established by the Director of the Office of Management and 
Budget, or (ii) 70 percent of the lower living standard income 
level; (C) is receiving food stamps pursuant to the Food Stamp 
Act of 1977; (D) is a foster child on behalf of whom State or local 
government pasnnents are made; or (E) in cases permitted by 
regulations of the Secretary, is an adult handicapped individual 
whose own income meets the requirements of clause (A) or (B), 
but who is a member of a family whose income does not meet 
such requirements. 
(9) The term "Governor" means the chief executive of any 
State. 
(10) The term "handicapped individual" means any individual 
who has a physical or mental disability which for such 
individual constitutes or results in a substantial handicap to 
emplo3rment. 
(11) The term "Hawaiian native" means any individual any of 
whose ancestors were natives, prior to 1778, of the area which 
now comprises the State of Hawaii. 
(12) The term "institution of higher education" means any 
institution of higher education as that term is defined in section 
20 use 1141. 
1201(a) of the Higher Education Act of 1965. 
(13) The term "labor market area" means an economically 
integrated geographic area within which individuals can reside 
and find employment within a reasonable distance or can read-
ily change employment without changing their place of resi-
dence. Such areas shall be identified in accordance with criteria 
used by the Bureau of Labor Statistics of the Department of 
Labor in defining such areas or similar criteria established by a 
Governor. 
(14) The term "local educational agency" means such an 
agency as defined in section 195(10) of the Vocational Education 
20 use 2461. 
Act of 1963. 
(15) The term "low-income level" means $7,000 with respect to 
income in 1969, and for any later year means that amount 
which bears the same relationship to $7,000 as the Consumer 
Price Index for that year bears to the Consumer Price Index for 
1969, rounded to the nearest $1,000. 
(16) The term "lower living standard income level" means 
that income level (adjusted for regional, metropolitan, urban, 
and rural differences and family size) determined annually by 
the Secretary based on the most recent "lower living family 
budget" issued by the Secretary. 
(17) The term "offender" means any adult or juvenile who is 
or has been subject to any stage of the criminal justice process 
for whom services under this Act may be beneficial or who 
requires assistance in overcoming artificial barriers to employ-
ment resulting from a record of arrest or conviction. 
(18) The term "postsecondary institution" means an institu-
tion of higher education as that term is defined in section 
20 use 1088. 
481(aXl) of the Higher Education Act of 1965. 
(19) The term "private sector" means, for purposes of the 
State job training councils and private industry councils, per-
sons who are owners, chief executives or chief operating officers 
of private for-profit employers and major nongovernmental em-
ployers, such as health and educational institutions or other 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1327 
executives of such employers who have substantial management 
or policy responsibility. 
(20) The term "public assistance" means Federal, State, or 
local government cash payments for which eligibility is deter-
mined by a needs or income test. 
(21) The term "Secretary" means the Secretary of Labor, 
(22) The term "State" means any of the several States, the 
District of Columbia, the Commonwealth of Puerto Rico, the 
Virgin Islands, Guam, the Northern Mariana Islands, American 
Samoa, and the Trust Territory of the Pacific Islands. 
(23) The term "State educational agency" means such an 
agency as defined in section 195(11) of the Vocational Education oo iisr ?4fii 
Act of 1963. 
(24) The term "supportive services" means services which are 
necessary to enable an individual eligible for training under 
this Act, but who cannot afford to pay for such services, to 
participate in a training program funded under this Act. Such 
supportive services may include transportation, health care, 
special services and materials for the handicapped, child care, 
meals, temporary shelter, financial counseling, and other rea-
sonable expenses required for participation in the training pro-
gram and may be provided in-kind or through cash assistance. 
(25) The term "unemployed individuals" means individuals 
who are without jobs and who want and are available for work. 
The determination of whether individuals are without jobs shall 
be made in accordance with the criteria used by the Bureau of 
Labor Statistics of the Department of Labor in defining individ-
uals as unemployed. 
(26) The term "unit of general local government" means any 
general purpose political subdivision of a State which has the 
power to levy taxes and spend funds, as well as general corpo-
rate and police powers. 
(27)(A) The term "veteran" means an individual who served 
in the active military, naval, or air service, and who was 
discharged or released therefrom under conditions other than 
dishonorable. 
(B) The term "disabled veteran" means (i) a veteran who is 
entitled to compensation under laws administered by the Veter-
ans' Administration, or (ii) an individual who was discharged or 
released from active duty because of service-connected disabil-
ity. 
(28) The term "vocational education" has the meaning pro-
vided in section 195(1) of the Vocational Education Act of 1963. 
TITLE I—JOB TRAINING PARTNERSHIP 
PART A—SERVICE DEUVERY SYSTEM 
ESTABUSHMENT OF SERVICE DEUVERY AREAS 
SEC 101. (aXD The Governor shall, after receiving the proposal of 29 use 1511. 
the State job training coordinating council, publish a proposed 
designation of service delivery areas for the State each of which— 
(A) is comprised of the State or one or more units of general 
local government; 
(B) will promote effective delivery of 
job training services; and 
96 STAT. 1328 
PUBLIC LAW 97-300—OCT. 13, 1982 
(C)(i) is consistent with labor market areas or standard metro-
politan statistical areas, but this clause shall not be construed to 
require designation of an entire labor market area; or 
(ii) is consistent with areas in which related services are 
provided under other State or Federal programs. 
(2) The Council shall include in its proposal a written explanation 
of the reasons for designating each service delivery area. 
(3) Units of general local government (and combinations thereof), 
business organizations, and other affected persons or organizations 
shall be given an opportunity to comment on the proposed designa-
tion of service delivery areas and to request revisions thereof. 
Request. 
(4)(A) The Govemor shall approve any request to be a service 
delivery area from— 
(i) any unit of general local government with a population of 
200,000 or more; 
(ii) any consortium of contiguous units of general local gov-
ernment with an aggregate population of 200,000 or more which 
serves a substantial part of a labor market area; and 
(iii) any concentrated employment program grantee for a 
rural area which served as a prime sponsor under the Compre-
Post, p. 1357. 
hensive Employment and Training Act. 
(B) The Governor may approve a request to be a service delivery 
area from any unit of general local government or consortium of 
contiguous units of general local government, without regard to 
population, which serves a substantial portion of a labor market 
area. 
(C) If the Governor denies a request submitted under subpara-
graph (A) and the entity making such request alleges that the 
decision of the Governor is contrary to the provisions of this section, 
such entity may appeal the decision to the Secretary, who shall 
make a final decision within 30 days after such appeal is received. 
(b) The Governor shall make a final designation of service delivery 
areas within the State. Before making a final designation of service 
delivery areas for the State, the Governor shall review the com-
ments submitted under subsection (aX3) and requests submitted 
under subsection (a)(4). 
(c)(1) In accordance with subsection (a), the Governor may redesig-
nate service delivery areas no more frequently than every two years. 
Such redesignations shall be made not later than 4 months before 
the beginning of a program year. 
(2) Subject to paragraph (1), the Governor shall make such a 
redesigriation if a petition to do so is filed by an entity specified in 
subsection (aX4XA). 
(3) The provisions of this subsection are subject to section 105(c). 
ESTABLISHMENT OF PRIVATE INDUSTRY COUNCIL 
29 use 1512. 
SEC. 102. (a) There shall be a private industry council for every 
service delivery area established under section 101, to be selected in 
accordance with this subsection. Each council shall consist of— 
(1) representatives of the private sector, who shall constitute a 
majority of the membership of the council and who shall be 
owners of business concerns, chief executives or chief operating 
officers of nongovernmental employers, or other private sector 
executives who have substantial management or policy respon-
sibility; and 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1329 
(2) representatives of educational agencies (representative of 
all educational agencies in the service delivery area), organized 
labor, rehabilitation agencies, community-based organizations, 
economic development agencies, and the public employment 
service. 
(b) The Chairman of the council shall be selected from among 
members of the council who are representatives of the private 
sector. 
(c)(1)(A) Private sector representatives on the council shall be 
selected from among individuals nominated by general purpose 
business organizations after consulting with, and receiving recom-
mendations from, other business organizations in the service deliv-
ery area. The number of such nominations shall be at least 150 
percent of the number of individuals to be appointed under subsec-
tion (aXl). Such nominations, and the individuals selected from such 
nominations, shall reasonably represent the industrial and demo-
graphic composition of the business community. Whenever possible, 
at least one-half of such business and industry representatives shall 
be representatives of small business, including minority business. 
(B) For the purpose of this paragraph, the term— 
(i) "general purpose business organizations" means organiza-
tions which admit to membership any for-profit business operat-
ing within the service delivery area; and 
(ii) "small business" means private for-profit enterprises em-
ploying 500 or fewer employees. 
(2) Education representatives on the council shall be selected from 
among individuals nominated by local educational agencies, voca-
tional education institutions, institutions of higher education, or 
general organizations of such agencies or institutions, and by pri-
vate and proprietary schools or general organizations of such 
schools, within the service delivery area. 
(3) The remaining members of the council shall be selected from 
individuals recommended by interested organizations. Labor repre-
sentatives shall be recommended by recognized State and local labor 
organizations or appropriate building trades councils. 
(d)(1) In any case in which there is only one unit of general local 
government with experience in administering job training programs 
within the service delivery area, the chief elected official of that unit 
shall appoint members to the council from the individuals nomi-
nated or recommended under subsection (c). 
(2) In any case in which there are two or more such units of 
general local government in the service delivery area, the chief 
elected officials of such units shall appoint members to the council 
from the individuals so nominated or recommended in accordance 
with an agreement entered into by such units of general local 
government. In the absence of such an agreement, the appointments 
shall be made by the Governor from the individuals so nominated or 
recommended. 
(e) The initial number of members of the council shall be 
determined— 
(1) by the chief elected official in the case described in subsec-
tion (dXl), 
(2) by the chief elected officials in accordance with the agree-
ment in the case described in subsection (d)(2), or 
(3) by the Governor in the absence of such agreement. 
Thereafter, the number of members of the council shall be deter-
mined by the council. 
Chairman. 
Private sector 
representatives. 
Definitions. 
Education 
representatives. 
Chief elected 
official. 
96 STAT. 1330 
PUBLIC LAW 97-300—OCT. 13, 1982 
Term. 
(f) Members shall be appointed for fixed and staggered terms and 
may serve until their successors are appointed. Any vacancy in the 
membership of the council shall be filled in the same manner as the 
original appointment. Any member of the council may be removed 
for cause in accordance with procedures established by the council. 
(g) The Governor shall certify a private industry council if the 
Governor determines that its composition and appointments are 
consistent with the provisions of this subsection. Such certification 
shall be made or denied within 30 days after the date on which a list 
of members and necessary supporting documentation are submitted 
to the Governor. When the Governor certifies the council, it shall be 
convened within 30 days by the official or officials who made the 
appointments to such council under subsection (d). 
(h) In any case in which the service delivery area is a State, the 
State job training coordinating council or a portion of such council 
may be reconstituted to meet the requirements of this section. 
FUNCTIONS OF PRIVATE INDUSTRY COUNCIL 
29 use 1513. 
SEC. 103. (a) It shall be the responsibility of the private industry 
council to provide policy guidance for, and exercise oversight with 
respect to, activities under the job training plan for its service 
delivery area in partnership with the unit or units of general local 
government within its service delivery area. 
Ot>)(l) The council, in accordance with an agreement or agreements 
with the appropriate chief elected official or officials specified in 
subsection (c), shall— 
(A) determine procedures for the development of the job 
training plan, which may provide for the preparation of all or 
any part of the plan (i) by the council, (ii) by any unit of general 
local government in the service delivery area, or by an agency 
thereof, or (iii) by such other methods or institutions as may be 
provided in such agreement; and 
(B) select as a grant recipient and entity to administer the job 
training plan (which may be separate entities), (i) the council, 
(ii) a unit of general local government in its service delivery 
area, or an agency thereof, (iii) a nonprofit private organization 
or corporation, or (iv) any other agreed upon entity or entities. 
(2) The council is authorized to provide oversight of the programs 
conducted under the job training plan in accordance with proce-
dures established by the council. In order to carry out this para-
graph, the council shall have access to such information concerning 
the operations of such programs as is necessary. 
(c) For purposes of subsection (b), the appropriate chief elected 
official or officials means— 
(1) the chief elected official of the sole unit of general local 
government in the service delivery area, 
(2) the individual or individuals selected by the chief elected 
officials of all units of general local government in such area as 
their authorized representative, or 
(3) in the case of a service delivery area designated under 
section 104(a)(4XA)(iii), the representative of the chief elected 
official for such area (as defined in section 4(4)(C)). 
(d) No job training plan prepared under section 104 may be 
submitted to the Governor unless (1) the plan has been approved by 
the council and by the appropriate chief elected official or officials 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1331 
specified in subsection (c), and (2) the plan is submitted jointly by the 
council and such official or officials. 
(e) In order to carry out its functions under this Act, the council— Budget. 
(1) shall, in accordance with the job training plan, prepare 
and approve a budget for itself, and 
(2) may hire staff, incorporate, and solicit and accept contribu-
tions and grant funds (from other public and private sources). 
(f) As used in this section, the term "oversight" means reviewing, "Oversight." 
monitoring, and evaluating. 
JOB TRAINING PLAN 
SEC. 104. (a) No funds appropriated for any fiscal year may be 29 use 1514. 
provided to any service delivery area under this Act except pursuant 
to a job training plan for two program years which is prepared in 
accordance with section 103 and which meets the requirements of 
this section. 
flj) Each job training plan shall contain— 
(1) identification of the entity or entities which will adminis-
ter the program and be the grant recipient of funds from the 
" 
State; 
(2) a description of the services to be provided, including the 
estimated duration of service and the estimated training cost 
per participant; 
(3) procedures for identifying and selecting participants and 
for eligibility determination and verification; 
(4) performance goals established in accordance with stand-
ards prescribed under section 106; 
(5) procedures, consistent with section 107, for selecting serv-
ice providers which take into account past performance in job 
training or related activities, fiscal accountability, and ability to 
meet performance standards; 
(6) the budget for two program years and any proposed 
expenditures for the succeeding two program years, in such 
detail as is determined necessary by the entity selected to 
prepare this portion of the plan pursuant to section 103(b)(1)(B) 
and to meet the requirements of section 108; 
(7) a description of methods of complving with the coordina-
tion criteria contained in the Governor s coordination and spe-
cial services plan; 
(8) if there is more than one service delivery area in a single 
labor market area, provisions for coordinating particular 
aspects of individual service delivery area programs, includ-
ing— 
(A) assessments of needs and problems in the labor 
market that form the basis for program planning; 
(B) provisions for ensuring access by program partici-
pants in each service delivery area to skills training and 
employment opportunities throughout the entire labor 
market; and 
(C) coordinated or joint implementation of job develop-
ment, placement, and other employer outreach activities; 
(9) fiscal control, accounting, audit and debt collection proce-
dures to assure the proper disbursal of, and accounting for, 
funds received under this title; and 
(10) procedures for the preparation and submission of an Report. 
annual report to the Governor which shall include— 
96 STAT. 1332 
PUBLIC LAW 97-300—OCT. 13, 1982 
29 u s e 1515. 
Publication. 
Submittal to 
Governor. 
Appeal. 
(A) a description of activities conducted during the pro-
gram year; 
(B) characteristics of participants; and 
(C) the extent to which the activities exceeded or failed to 
meet relevant performance standards. 
(c) If changes in labor market conditions, funding, or other factors 
require substantial deviation from an approved job training plan, 
the private industry council and the appropriate chief elected offi-
cial or officials (as described in section 103(c)) shall submit a modifi-
cation of such plan (including modification of the budget under 
subsection Ot))(6)), which shall be subject to review in accordance 
with section 105. 
REVIEW AND APPROVAL OF PLAN 
SEC. 105. (a)(1) Not less than 120 days before the beginning of the 
first of the two program years covered by the job training plan— 
(A) the proposed plan or summary thereof shall be published; 
and 
(B) such plan shall be made available for review and comment 
to— 
(i) each house of the State legislature for appropriate 
referral; 
(ii) appropriate local educational and other public agen-
cies in the service delivery area; and 
(iii) labor organizations in the area which represent 
employees having the skills in which training is proposed; 
and 
(C) such plan shall be reasonably available to the general 
public through such means as public hearings and local news 
facilities. 
(2) The final plan, or a summary thereof, shall be published not 
later than 80 days before the first of the two program years and 
shall be submitted to the Governor in accordance with section 
103(d)(2). Any modification shall be published not later than 80 days 
before it is effective and shall be submitted to the Governor in 
accordance with such section. 
(b)(1) The Governor shall approve the job training plan or modifi-
cation thereof unless he finds that— 
(A) corrective measures for deficiencies found in audits or in 
meeting performance standards from previous years have not 
been taken or are not acceptably underway; 
(B) the entity proposed to administer the program does not 
have the capacity to administer the funds; 
(C) there are inadequate safeguards for the protection of funds 
received; 
(D) the plan (or modification) does not comply with a particu-
lar provision or provisions of this Act or of regulations of the 
Secretary under this Act; or 
(E) the plan (or modification) does not comply with the crite-
ria under section 121(b) for coordinating activities under this 
Act with related program activities. 
(2) The Governor shall approve or disapprove a job training plan 
(or modification) within 30 days after the date that the plan (or 
modification) is submitted, except that if a petition is filed under 
paragraph (3) such period shall be extended to 45 days. Any disap-
proval by the Governor may be appealed to the Secretary, who shall 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1333 
make a final decision of whether the Governor's disapproval com-
plies with paragraph (1) of this subsection within 45 days after 
receipt of the appeal. 
(3XA) Interested parties may petition the Governor within 15 days Petition 
of the date of submission for disapproval of the plan or modification 
thereof i
f
— 
(i) the party can demonstrate that it represents a substantial 
client interest, 
(ii) the party took appropriate steps to present its views and 
seek resolution of disputed issues prior to submission of the plan 
to the Governor, and 
(iii) the request for disapproval is based on a violation of 
statutory requirements. 
(B) If the Governor approves the plan (or modification), the Gover-
nor shall notify the petitioner in writing of such decision and the 
reasons therefor. 
(cXD If a private industry council and the appropriate chief 
elected official or officials fail to reach the agreement required 
under section 103 Qj) or (d) and, as a consequence, funds for a service 
delivery area may not be made available under section 104, then the 
Governor shall redesignate, without regard to sections 101 (aX4) and 
(cXD, the service delivery areas in the State to merge the affected 
area into one or more other service delivery areas, in order to 
promote the reaching of agreement. 
(2) In any State in which service delivery areas are redesignated 
under paragraph (1), private industry councils shall, to the extent 
necessary for the redesignation, be reconstituted and job training 
plans modified as required to comply with sections 102 and 103. 
Services under an approved plan shall not be suspended while the 
council is reconstituted and the plan is modified. 
(d) In any case in which the service delivery area is a State, the Plan submittal. 
plan (or modification) shall be submitted to the Secretary for 
approval. For the purpose of this subsection, the Secretary shall 
have the same authority as the Governor has under this section. 
Petitioner, 
notification. 
Service delivery 
areas, 
redesignation. 
PERFORMANCE STANDARDS 
SEC. 106. (a) The Congress recognizes that job training is an 29 use 1516. 
investment in human capital and not an expense. In order to 
determine whether that investment has been productive, the Con-
gress finds that— 
(1) it is essential that criteria for measuring the return on this 
investment be developed; and 
(2) the basic return on the investment is to be measured by 
the increased employment and earnings of participants and the 
reductions in welfare dependency. 
(bXD The basic measure of performance for adult training pro- Adult training 
grams under title II is the increase in employment and earnings and programs. 
the reductions in welfare dependency resulting from participation in 
the program. In order to determine whether these basic measures 
are achieved, the Secretary shall prescribe standards on the basis of 
appropriate factors which may include (A) placement in unsubsi-
dized emplojnnent, (B) retention in unsubsidized employment, (C) 
the increase in earnings, including hourly wages, and (D) reduction 
in the number of individuals and families receiving cash welfare 
payments and the amounts of such payments. 
/ 
96 STAT. 1334 
PUBLIC LAW 97-300—OCT. 13, 1982 
Youth programs. 
(2) In prescribing standards under this section the Secretary shall 
also designate factors for evaluating the performance of youth 
programs which, in addition to appropriate utilization of the factors 
described in paragraph (1), shall be (A) attainment of recognized 
employment competencies recognized by the private industry coun-
cil, (B) elementary, secondary, and postsecondary school completion, 
or the equivalent thereof, and (C) enrollment in other training 
programs or apprenticeships, or enlistment in the Armed Forces. 
(3) The standards shall include provisions governing— 
(A) the base period prior to program participation that will be 
used; 
(B) a representative period after termination from the pro-
gram that is a reasonable indicator of postprogram earnings 
and cash welfare pa5Tnent reductions; and 
(C) cost-effective methods for obtaining such data as is neces-
sary to carry out this section, which, notwithstanding any other 
provision of law, may include access to earnings records, State 
employment security records. Federal Insurance Contributions 
Act records. State aid to families with dependent children rec-
ords, statistical sampling techniques, and similar records or 
measures. 
(4) The Secretary shall prescribe performance standards relating 
gross program expenditures to various performance measures. 
(c) Within six months after the date of the enactment of this Act, 
the Secretary shall establish initial performance standards which 
are designed to contribute to the achievement of the performance 
goals set forth in subsection Ot)Xl), based upon data accumulated 
under the Comprehensive Employment and Training Act, from the 
National Commission for Emplojrment Policy, and from other appro-
priate sources. In the development of the initial standards under 
this subsection, the Secretary shall relate gross program expendi-
tures to the accomplishment of program goals set forth in subsection 
(b)(1). 
(d)(1) The Secretary shall, not later than January 31, 1984, pre-
scribe performance standards for the first program year under this 
Act to measure the results of the participation in the program to 
achieve the goals set forth in subsection (bXD based upon the initial 
standards established in subsection (c). 
(2) The Secretary, not later than six months after the completion 
of the first two program years, shall prepare and submit a report to 
the Congress containing the performance standards established 
under paragraph (1) of this subsection, together with an analysis of 
the manner in which the performance standards contribute to the 
achievement of the goals set forth in subsection (b)(1), including the 
relative importance of each standard to the accomplishment of such 
goals. 
(3) The Secretary shall prescribe variations in performance stand-
ards for special populations to be served, including Native Ameri-
cans, migrant and seasonal farmworkers, and ex-offenders, taking 
into account their special circumstances. 
(4XA) The Secretary may modify the performance standards under 
this subsection not more often than once every two program years 
and such modifications shall not be retroactive. 
(B) The Secretary shall prepare and submit a report to the Con-
gress containing any modifications established under subparagraph 
(A), and the reasons for such modifications. 
Post, p. 1357. 
Report to 
Congress. 
Modification. 
Report to 
Congress. 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1335 
Development of 
standards. 
(e) Each Governor may prescribe, within parameters established 
Variations of 
by the Secretary, variations in the standards under this subsection 
standards. 
based upon specific economic, geographic, and demographic factors 
in the State and in service delivery areas within the State, the 
characteristics of the population to be served, and the type of 
services to be provided. 
(f) The National Commission for Employment Policy shall (1) 
advise the Secretary in the development of performance standards 
under this section for measuring results of participation in job 
training and in the development of parameters for variations of 
such standards referred to in subsection (e), (2) evaluate the useful-
ness of such standards as measures of desired performance, and (3) 
evaluate the impacts of such standards (intended or otherwise) on 
the choice of who is served, what services are provided, and the cost 
of such services in service delivery areas. 
(g) The Secretary shall prescribe performance standards for pro-
grams under title III based on placement and retention in unsubsi- Post, p. 1364. 
dized employment. 
(hXD The Governor shall provide technical assistance to programs 
which do not meet performance criteria. If the failure to meet 
performance standards persists for a second year, the Governor 
shall impose a reorganization plan. Such plan may restructure the 
private industry council, prohibit the use of designated service 
providers or make such other changes as the Governor deems 
necessary to improve performance. The Governor may also select an 
alternate entity to administer the program for the service delivery 
area. 
(2) The alternate administrative entity may be a newly formed 
private industry council or any agency jointly selected by the Gover-
nor and the chief elected official of the largest unit of general local 
government in the service delivery area. 
(3) No change may be made under this subsection without an 
opportunity for a hearing before a hearing officer. 
(4) The decision of the Governor may be appealed to the Secretary, Appeal 
who shall make a final decision within 60 days of the receipt of the 
appeal. 
Reorganizaiton 
plan. 
SELECTION OF SERVICE PROVIDERS 
SEC. 107. (a) The primary consideration in selecting agencies or 
organizations to deliver services within a service delivery area shall 
be the effectiveness of the agency or organization in delivering 
comparable or related services based on demonstrated performance, 
in terms of the likelihood of meeting performance goals, cost, quality 
of training, and characteristics of participants. In complying with 
this subsection, proper consideration shall be given to community-
based organizations as service providers. 
Qo) Funds provided under this Act shall not be used to duplicate 
facilities or services available in the area (with or without reim-
bursement) from Federal, State, or local sources, unless it is demon-
strated that alternative services or facilities would be more effective 
or more likely to achieve the service delivery area's performance 
goals. 
(c) Appropriate education agencies in the service delivery area 
shall be provided the opportunity to provide educational services, 
unless the administrative entity demonstrates that alternative agen-
cies or organizations would be more effective or would have greater 
29 u s e 1517. 
Restrictions. 
Educational 
services. 
97-200 O—84—pt. 1 
44 : QL3 
96 STAT. 1336 
PUBLIC LAW 97-300—OCT. 13, 1982 
potential to enhance the participants* continued occupational and 
career growth. 
(d) The administrative entity shall not fund any occupational 
skills training program unless the level of skills provided in the 
program are in accordance with guidelines established by the pri-
vate industry council. 
LIMITATION ON CERTAIN COSTS 
29 use 1518. 
SEC. 108. (a) Not more than 15 percent of the funds available to a 
service delivery area for any fiscal year for programs under part A 
Post, p. 1358. 
of title II may be expended for the cost of administration. For 
purposes of this paragraph, costs of program support (such as coun-
seling) which are directly related to the provision of education or 
training and such additional costs as may be attributable to the 
development of training described in section 204(28) shall not be 
counted as part of the cost of administration. 
(b)(1) Not more than 30 percent of the funds available to a service 
delivery area for any fiscal year for programs under part A of title II 
may be expended for administrative costs (as defined under subsec-
tion (a)) and costs specified in paragraph (2). 
(2)(A) For purposes of paragraph (1), the costs specified in this 
paragraph are— 
(i) 50 percent of any work experience expenditures which 
meet the requirements of paragraph (3); 
(ii) 100 percent of the cost of any work experience program 
expenditures which do not meet the requirements of paragraph 
(3); 
(iii) supportive services; and 
(iv) needs-based projects described in section 204(27). 
(B) For purposes of paragraph (1), the costs specified in this 
paragraph do not include expenditures for tryout employment 
which meets the requirements of section 205(d)(3)(B). 
Work experience 
(3) For purposes of paragraph (2), a work experience expenditure 
expenditure. 
meets the requirements of this paragraph if— 
(A) the work experience is of not more than 6 months' dura-
tion and is combined with a classroom or other training pro-
gram; 
(B) an individual participant is prohibited from participating 
in any other work experience program following participation 
in a program meeting the requirements of this paragraph; 
(C) the classroom or other training program component is 
specified in a preemployment contract or meets established 
academic standards; and 
(D) wages paid in the work experience program do not exceed 
the prevailing entry-level wage for the same occupation in the 
same labor market area. 
(c)(1) Notwithstanding subsection (b), expenditures may be made 
in excess of the limitation contained in such subsection if such 
expenditures are made in accordance with the requirements of this 
subsection. 
(2) Expenditures may be made in excess of the limitation con-
tained in subsection (b) in any service delivery area i
f
— 
(A) the private industry council for such area initiates a 
request for such excess costs; and 
(B) excess costs are due to one or more of the following 
conditions in such area: 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1337 
(i) an unemplo5anent rate (in the service delivery area or 
that portion within which services resulting in excess costs 
are to be provided) which exceeds the national average 
unemployment rate by at least 3 percentage points, and the 
ratio of current private employment to population in such 
area or portion is less than the national average of such 
ratio; 
(ii) the job training plan for such area proposes to serve a 
disproportionately high number of participants from groups 
requiring exceptional supportive service costs, such as 
handicapped individuals, offenders, and single heads of 
households with dependent children; 
(iii) the cost of providing necessary child care exceeds one-
half of the costs specified in paragraph (2) of subsection (b); 
(iv) the costs of providing necessary transportation 
exceeds one-third of the costs specified in paragraph (2) of 
subsection (b); or 
(v) a substantial portion of the participants in programs 
in the service delivery area are in training programs of 9 
months' duration or more. 
(3) Expenditures may be made in excess of the limitation con-
tained in subsection (b) if the need for and the amount of the excess 
is stated in the job training plan (or modification thereof) for the 
service delivery area and such plan demonstrates that administra-
tive costs comply with subsection (a) of this section. 
(4) The provisions of this subsection shall not be available to the 
extent that supportive services provided under the job training plan 
duplicate services provided by any other public or private source 
that are available to participants without cost. 
(5) The Governor shall not disapprove any plan (or modification 
thereof) on the basis of any statement of the need for and amount of 
excess costs in the job training plan if such plan or modification 
meets the requirements of this subsection. 
(d) The provisions of this section do not apply to any service 
deliverv area designated pursuant to section 101(a)(4)(A)(iii). 
(e) This section shall not be construed to exempt programs under 
an approved plan from the performance standards established under 
section 106. 
Plan 
disapproval. 
PART B—ADDITIONAL STATE RESPONSIBIUTIES 
GOVERNOR S COORDINATION AND SPECIAL SERVICES PLAN 
SEC. 121. (a)(1) The Governor shall annually prepare a statement 
of goals and objectives for job training and placement programs 
within the State to assist in the preparation of the plans required 
under section 104 of this Act and section 8 of the Act of June 6, 
1933 (known as the Wagner-Peyser Act). 
(2) Any State seeking financial assistance under this Act shall 
submit a Governor's coordination and special services plan for two 
program years to the Secretary describing the use of all resources 
provided to the State and its service delivery areas under this Act 
and evaluating the experience over the preceding two years. 
(b)(1) The plan shall establish criteria for coordinating activities 
under this Act (including title III) with programs and services 
provided by State and local education and training agencies (includ-
ing vocational education agencies), public assistance agencies, the 
Annual 
statement. 
29 u s e 1531. 
29 u s e 49g. 
Post, p. 1364. 
96 STAT. 1338 
PUBLIC LAW 97-300—OCT. 13, 1982 
Report to 
Secretary. 
Modification. 
42 use 5552. 
Post, p. 1364. 
emplojrment service, rehabilitation agencies, postsecondary institu-
tions, economic development agencies, and such other agencies as 
the Governor determines to have a direct interest in employment 
and training and human resource utilization within the State. Such 
criteria shall not affect local discretion concerning the selection of 
eligible participants or service providers in accordance with the 
provisions of sections 107 and 203. 
(2) The plan shall describe the projected use of resources, includ-
ing oversight and support activities, priorities and criteria for State 
incentive grants, and performance goals for State supported 
programs. 
(3) The Governor shall report to the Secretary the adjustments 
made in the performance standards and the factors that are used in 
making the adjustments. 
(4) If major changes occur in labor market conditions, funding, or 
other factors during the two-year period covered by the plan, the 
State shall submit a modification to the Secretary describing these 
changes. 
(c) Governor's coordination and special services activities may 
include— 
(1) making available to service delivery areas, with or without 
reimbursement and upon request, appropriate information and 
technical assistance to assist in developing and implementing 
plans and programs; 
(2) carrying out special model training and employment pro-
grams and related services (including programs receiving finan-
cial assistance from private sources); 
(3) providing programs and related services for offenders and 
other individuals whom the Governor determines require spe-
cial assistance; 
(4) providing financial assistance for special programs and 
services designed to meet the needs of rural areas outside major 
labor market areas; 
(5) providing training opportunities in the conservation and 
efficient use of energy, and the development of solar energy 
sources as defined in section 3 of the Solar Energy Research, 
Development and Demonstration Act of 1974; 
(6) industry-wide training; 
(7) activities under title III of this Act; 
(8) developing and providing to service delivery areas informa-
tion on a State and local area basis regarding economic, indus-
trial, and labor market conditions; 
(9) providing preservice and inservice training for planning, 
management, and delivery staffs of administrative entities and 
private industry councils, as well as contractors for State sup-
ported programs; and 
(10) providing statewide programs which provide for joint 
funding of activities under this Act with services and activities 
under other Federal, State, or local 
employment-related 
programs. 
(d) A Governor's coordination and special services plan shall be 
approved by the Secretary unless the Secretary determines that the 
plan does not comply with specific provisions of this Act. 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1339 
STATE JOB TRAINING COORDINATING COUNCIL 
SEC. 122. (a)(1) Any State which desires to receive financial assist- 29 use 1532. 
ance under this Act shall establish a State job training coordinating 
council (hereinafter in this section referred to as the "State coun-
cil"). Funding for the council shall be provided pursuant to section 
202(b)(4). 
(2) The State council shall be appointed by the Governor, who 
shall designate one nongovernmental member thereof to be chair-
person. In making appointments to the State council, the Governor 
shall ensure that the membership of the State council reasonably 
represents the population of the State. 
(3) The State council shall be composed as follows: 
Membership. 
(A) One-third of the membership of the State council shall be 
representatives of business and industry (including agriculture, 
where appropriate) in the State, including individuals who are 
representatives of business and industry on private industry 
councils in the State. 
(B) Not less than 20 percent of the membership of the State 
council shall be representatives of the State legislature and 
State agencies and organizations, such as the State educational 
agency, the State vocational education board, the State advisory 
council on vocational education, the State board of education 
(when not otherwise represented). State public assistance agen-
cies, the State employment security agency, the State rehabili-
tation agency, the State occupational information coordinating 
committee. State postsecondary institutions, the State economic 
development agency. State veterans' affairs agencies or equiva-
lent, and such other agencies as the Governor determines to 
have a direct interest in employment and training and human 
resource utilization within the State. 
(C) Not less than 20 percent of the membership of the State 
council shall be representatives of the units or consortia of units 
of general local government in such State (including those 
which are administrative entities or grantees under this Act) 
which shall be nominated by the chief executive officers of the 
units or consortia of units of general local government; and 
(D) Not less than 20 percent of the membership of the State 
council shall be representatives of the eligible population and 
of the general public, representatives of organized labor, 
representatives of community-based organizations, and repre-
sentatives of local educational agencies (nominated by local 
educational agencies). 
(4) The State council shall meet at such times and in such places Meetings. 
as it deems necessary. The meetings shall be publicly announced, 
and, to the extent appropriate, open and accessible to the general 
public. 
(5) The State council is authorized to obtain the services of such 
professional, technical, and clerical personnel as may be necessary 
to carry out its functions under this Act. 
(6) In order to assure objective management and oversight, the 
State council shall not operate programs or provide services directly 
to eligible participants, but shall exist solely to plan, coordinate, and 
monitor the provision of such programs and services. 
(7) The plans and decisions of the State council shall be subject to Approval. 
approval by the Governor. 
96 STAT. 1340 
PUBLIC LAW 97-300—OCT. 13, 1982 
20 u s e 2305. 
Post, p. 1357. 
Report. 
Comments. 
20 u s e 2305. 
Transfer of 
functions. 
(8) For purposes of section 105 of the Vocational Education Act of 
1963, the State council shall be considered to be the same as either 
the State Manpower Services Council referred to in that section or 
the State Emplojmaent and TrEiining Council authorized under the 
Comprehensive Employment and Training Act. 
(b) The State council shall— 
(1) recommend a Governor's coordination and specisd services 
plan; 
(2) recommend to the Governor substate service delivery 
areas, plan resource allocations not subject to section 202(a), 
provide management guidance and review for all programs in 
the State, develop appropriate linkages with other programs, 
coordinate activities with private industry councils, and develop 
the Governor's coordination and special services plan and rec-
ommend variations in performance standards; 
(3) advise the Governor and local entities on job training plans 
and certify the consistency of such plans with criteria under the 
Governor's coordination and special services plan for coordina-
tion of activities under this Act with other Federal, State, emd 
local employment-related programs, including programs oper-
ated in designated enterprise zones; 
(4) review the operation of programs conducted in each serv-
ice delivery area, and the availability, responsiveness, and ade-
quacy of State services, and make recommendations to the 
Governor, appropriate chief elected officials, and private indus-
try councils, service providers, the State legislature, and the 
general public with respect to ways to improve the effectiveness 
of such programs or services; 
(5) review and comment on the State plan developed for the 
State employment service agency; 
(6) make an annuEil report to the Governor which shall be a 
public document, and issue such other studies, reports, or docu-
ments as it deems advisable to assist service delivery areas in 
carrying out the purposes of this Act; 
(7XA) identify, in coordination with the appropriate State 
agencies, the employment and training and vocational educa-
tion needs throughout the State, and assess the extent to which 
employment and training, vocational education, rehabilitation 
services, public assistance, economic development, and other 
Federal, State, and local programs and services represent a 
consistent, integrated, and coordinated approach to meeting 
such needs; and 
(B) comment at least once guinually on the reports required 
pursuant to section 105(dX3) of the Vocational Education Act of 
1963; and 
(8) review plans of all State agencies providing employment, 
training, and related services, and provide comments and rec-
ommendations to the Governor, the State legislature, the State 
agencies, and the appropriate Federal agencies on the relevancy 
and effectiveness of employment and training and related serv-
ice delivery systems in the State. 
(c) In addition to the fimctions described in subsection (jo), the 
Governor may, to the extent permitted by applicable law, transfer 
functions which are related to fimctions under this Act to the 
council established under this section from any State coordinating 
conmiittee for the work incentive program under title IV of the 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1341 
Social Security Act or any advisory council established under the ^2 use 60i. 
Wagner-Peyser Act. 
2
9 use 49 note. 
STATE EDUCATION COORDINATION AND GRANTS 
SEC. 123. (a) The sums available for this section pursuant to 29 use 1533. 
section 202(b)(1) shall be used by the Governor to provide financial 
assistance to any State education agency responsible for education 
and training— 
(1) to provide services for eligible participants through cooper-
ative agreements between such State education agency or agen-
cies, administrative entities in service delivery areas in the 
State, and (where appropriate) local educational ag:encies; and 
(2) to facilitate coordination of education and training services 
for eligible participants through such cooperative agreements. 
(b) The cooperative agreements described in subsection (a) shall 
provide for the contribution by the State agency or agencies, and the 
local educational agency (if any), of a total amount equal to the 
amount provided, pursuant to subsection (a)(1), in the grant subject 
to such agreement. Such matching amount shall not be provided 
from funds available under this Act, but may include the direct cost 
of employment or training services provided by State or local pro-
grams. 
(c)(1) Funds available under this section may be used to provide Funds. 
education and training, including vocational education services, and 
related services to participants under title IL Such services may ^
o
®
^
- P 1
^
5
8
. 
include services for offenders and other individuals whom the Gov-
ernor determines require special assistance. 
(2)(A) Not more than 20 percent of the funds available under this 
section may be spent for activities described in clause (2) of subsec-
tion (a). 
(B) At least 80 percent of the funds available under this section 
shall be used for clause (1) of subsection (a) for the Federal share of 
the cost of carrying out activities described in clause (1). For the 
purpose of this subparagraph, the Federal share shall be the amount 
provided for in the cooperative agreements in subsection (b). 
(3) Not less than 75 percent of the funds available for activities 
under clause (1) of subsection (a) shall be expended for activities for 
economically disadvantaged individuals. 
(d) If no cooperative agreement is reached on the use of funds 
under this section, the funds shall be available to the Governor for 
use in accordance with section 121. 
TRAINING PROGRAMS FOR OLDER INDIVIDUALS 
SEC. 124. (a) From funds available for use under section 202(b)(2), 29 use 1534. 
the Governor is authorized to provide for job training programs 
which are developed in conjunction with service delivery areas 
within the State and which are consistent with the plan for the 
service delivery area prepared and submitted in accordance with the 
provisions in section 104, and designed to assure the training and 
placement of older individuals in employment opportunities with 
private business concerns. 
(b) In carrying out this section, the Governor shall, after consulta-
tion with appropriate private industry councils and chief elected 
officials, enter into agreements with public agencies, nonprofit pri-
vate organizations, and private business concerns. 
96 STAT. 1342 
PUBLIC LAW 97-300—OCT. 13, 1982 
(c) The Governor shall give consideration to sissisting programs 
involving training for jobs in growth industries and jobs reflecting 
the use of new technological skills. 
Eligibility 
(d) /^j^ individual shall be eligible to participate in a job training 
requirement. 
program under this section only if the individual is economically 
disadvantaged and has attained 55 years of age. 
STATE LABOR MARKET INFORMATION PROGRAMS 
29 use 1535. 
SEC. 125. (a) In order to be eligible for Federal financial assistance 
for State labor market information programs under this Act from 
funds made available under section 202(b)(4) and section 461(b), the 
Governor shall designate the State occupational information coordi-
nating committee or other organizational unit to be responsible for 
oversight and management of a statewide comprehensive labor 
market and occupational supply and demand information system, 
which shall— 
(1) design a comprehensive cost-efficient labor market and 
occupational supply and demand information system which— 
(A) is responsive to the economic demand and education 
and training supply support needs of the State and areas 
within the State, and 
(B) meets the Federal standards under chapter 35 of title 
44 use 3501. 
44, United States Code, and other appropriate Federal 
standards established by the Bureau of Labor Statistics; 
(2) standardize available Federal and State multi-agency 
administrative records and direct survey data sources to pro-
duce an employment and economic analysis with a published set 
of projections for the State and designated areas within the 
State which, at the minimum, includes— 
(A) identification of geographic and occupational areas of 
potential growth or decline; and 
(B) an assessment of the potential impact of such growth 
or decline on individuals, industries, and communities, 
including occupational supply and demand characteristics 
data; 
(3) assure, to the extent feasible, that— 
(A) automated technology will be used by the State; 
(B) administrative records have been designed to reduce 
paperwork; and 
(C) multiple survey burdens on the employers of the State 
have been reduced; 
(4) publish and disseminate labor market and occupational 
supply and demand information and individualized career infor-
mation to State agencies, area public agencies, libraries, and 
private not-for-profit users, and individuals who are in the 
process of making career decision choices; and 
(5) conduct research and demonstration projects designed to 
improve any aspect of the statewide information system. 
(bXD The analysis required under clause (2) of subsection (a) shall 
be used to contribute in carrying out the provisions of this Act, the 
20 use 2301 
Vocational Education Act of 1963, and the Act of June 6, 1933, 
note. 
known as the Wagner-Peyser Act. 
29 use 49 note. 
(2) The assurance required by clause (3) of subsection (a) shall also 
include that the State will, to the maximum extent possible, assure 
consolidation of available administrative data and surveys to reduce 
duplication of recordkeeping of State and local agencies, including 
secondary and postsecondary educational institutions. 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1343 
(3) If any Federal funds are used to carry out clause (5) of 
subsection (a), access to and information on the results will remain 
in the public domain. 
(c) The Secretary through the National Occupational Information 
Coordinating Committee shall reimburse the States the costs of 
carrying out the provisions of this section but the aggregate reim-
bursements in any fiscal year shall not exceed the amount available 
under part E of title IV for this subsection. 
(d) No provision of this part or any other provision of Federal law 
shall be construed to prohibit any State from combining or consoli-
dating Federal administrative management information reporting 
requirements relating to emplo3mient, productivity, or training, if 
notice is transmitted by the Governor to the head of each appropri-
ate Federal and State agency responsible for the laws governing the 
Federal reporting requirements. The notice shall specify the intent 
to combine or consolidate such requirements. The head of each 
appropriate Federal agency shsdl approve the combination or con-
solidation unless, within sixty days after receiving the notice, the 
Federal agency can demonstrate that the combination or consolida-
tion will not meet the essential purposes of the affected Federal law. 
Reimbursement. 
Post, p. 1383. 
Notice. 
AUTHORITY OF STATE LEGISLATURE 
SEC. 126. Nothing in this Act shall be interpreted to preclude the 
enactment of State legislation providing for the implementation, 
consistent with the provisions of this Act, of the programs assisted 
under this Act. 
29 u s e 1536. 
INTERSTATE AGREEMENTS 
SEC. 127. In the event that compliance with provisions of this Act 
would be enhanced by cooperative agreements between States, the 
consent of Congress is hereby given to such States to enter into such 
compacts and agreements to facilitate such compliance, subject to 
the approval of the Secretary. 
29 u s e 1537. 
PART C—PROGRAM REQUIREMENTS FOR SERVICE DELIVERY SYSTEM 
GENERAL PROGRAM REQUIREMENTS 
SEC. 141. Except as otherwise provided, the following conditions 
are applicable to all programs under this Act: 
(a) Each job training plan shall provide emplo3mient and training 
opportunities to those who can benefit from, and who are most in 
need of, such opportunities and shall make efforts to provide equita-
ble services eunong substantial segments of the eligible population. 
(b) Funds provided under this Act shall only be used for activities 
which are in addition to those which would otherwise be available in 
the area in the absence of such funds. 
(c) No funds may be used to assist in relocating establishments, or 
parts thereof, from one area to another unless such relocation will 
not result in an increase in unemployment in the area of original 
location or in any other area. 
(dXD Training provided with funds made available under this Act 
shall be only for occupations for which there is a demand in the area 
served or in another area to which the participant is willing to 
relocate, and consideration in the selection of training programs 
29 u s e 1551. 
Restrictions. 
96 STAT. 1344 
PUBLIC LAW 97-300—OCT. 13, 1982 
Post, p. 1358. 
Voting. 
Restriction. 
Fund, allocation. 
Fee. 
Restriction. 
may be given to training in occupations determined to be in sectors 
of the economy which have a high potential for sustained demand or 
growth. 
(2) Efforts shall be made to develop programs which contribute to 
occupational development, upward mobility, development of new 
careers, and overcoming sex-stereotyping in occupations traditional 
for the other sex. 
(3) Commercially available training packages, including advanced 
learning technology, may be purchased for off-the-shelf prices and 
without requiring a breakdown of the cost components of the pack-
age if such packages are purchased competitively and include per-
formance criteria. 
(e) Only eligible individuals residing in the service delivery area 
may be served by employment and training activities funded under 
title II, except that the job training plan may provide for limited 
exceptions to this requirement. 
(f) No member of any council under this Act shall cast a vote on 
the provision of services by that member (or any organization which 
that member directly represents) or vote on any matter which would 
provide direct financial benefit to that member. 
(g) Payments to employers for on-the-job training which shall not, 
during the period of such training, average more than 50 percent of 
the wages paid by the employer to such participants, and payments 
in such amount shall be deemed to be in compensation for the 
extraordinary costs associated with training participants under this 
title and in compensation for the costs associated with the lower 
productivity of such participants. 
(h) Funds provided under this Act shall not be used to duplicate 
facilities or services available in the area (with or without reim-
bursement) from Federal, State, or local sources, unless the plan 
establishes that alternative services or facilities would be more 
effective or more likely to achieve performance goals. 
(i) Each administrative entity shall be responsible for the alloca-
tion of funds and the eligibility of those enrolled in its programs and 
shall have responsibility to take action against its subcontractors, 
subgrantees, and other recipients to eliminate abuses in the pro-
grams they are carrying out, and to prevent any misuse of funds by 
such subcontractors, subgrantees, and other recipients. Administra-
tive entities may delegate the responsibility for determination of 
eligibility under reasonable safeguards, including provisions for 
reimbursement of cost incurred because of erroneous determina-
tions made with insufficient care, if such an arrangement is includ-
ed in an approved job training plan. 
(j) No person or organization may charge an individual a fee for 
the placement or referral of such individual in or to a training 
program under this Act. 
(k) No funds may be provided under this Act for any subsidized 
employment with any private for-profit employer unless the individ-
ual employed is a youth aged 16 to 21, inclusive, who is economically 
disadvantaged and the employment is provided in accordance with 
section 205(dX3)(B). 
(1) The Secretary shall not provide financial assistance for any 
program under this Act which involves political activities. 
(m) Pursuant to regulations of the Secretary, income generated 
under any program may be retained by the recipient to continue to 
carry out the program, notwithstanding the expiration of financial 
assistance for that program. 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1345 
(n) The Secretary shall notify the Governor and the appropriate 
private industry councils and chief elected officials of, and consult 
with the Governor and such councils and officials concerning, any 
activity to be funded by the Secretary under this Act within the 
State or service delivery area; and the Grovernor shall notify the 
appropriate private industry councils and chief elected officials of, 
and consult with such concerning, any activity to be funded by the 
Governor under this Act within the service delivery area. 
(oXD All education programs for youth supported with funds 
provided under title II shall be consistent with applicable State and Post, p. 1358. 
local educational standards. 
(2) Standards and procedures with respect to the awarding of 
academic credit and certifying educational attainment in programs 
conducted under such title shall be consistent with the requirements 
of applicable State and local law and regulation. 
(p) No funds available under part B of this title or part A of title II 
may be used for public service employment. 
BENEFITS 
SEC. 142. (a) Except as otherwise provided in this Act, the follow-
ing provisions shall apply to all activities financed under this Act: 
(1) A trainee shall receive no pajrments for training activities 
in which the trainee fails to participate without good cause. 
(2) Individuals in on-the-job training shall be compensated by 
the employer at the same rates, including periodic increases, as 
similarly situated employees or trainees and in accordance with 
applicable law, but in no event less than the higher of the rate 
specified in section 6(aXl) of the Fair Labor Standards Act of 
1938 or the applicable State or local minimum wage law. 
(3) Individuals employed in activities authorized under this 
Act shall be paid wages which shall not be less than the highest 
of (A) the minimum wage under section 6(aXl) of the Fair Labor 
Standards Act of 1938, (B) the minimum wage under the appli-
cable State or local minimum wage law, or (C) the prevailing 
rates of pay for individuals employed in similar occupations by 
the same employer. 
(b) Allowances, earnings and pa3nnents to individuals participat-
ing in programs under this Act shall not be considered as income for 
the purposes of determining eligibility for and the amount of income 
transfer and in-kind aid, other than programs under the Social 
Security Act. 
LABOR STANDARDS 
Wages and 
earnings. 
29 use 1552. 
29 use 206. 
42 use 1305. 
SEC. 143. (aXD Conditions of employment and training shall be 29 use 1553. 
appropriate and reasonable in light of such factors as the type of 
work, geographical region, and proficiency of the participant. 
(2) Health and ssifety sti^tidards established under State and Fed-
eral law, otherwise applicable to working conditions of employees, 
shall be equally applicable to working conditions of participants. 
With respect to any participant in a program conducted under this Regulation. 
Act who is engaged in activities which are not covered by health and 
safety standards under the Occupational Safety and Health Act of 
1970, the Secretary shall prescribe, by regulation, such standards 29 use 651 note. 
as may be necessary to protect the health and safety of such 
participants. 
96 STAT. 1346 
PUBLIC LAW 97-300—OCT. 13, 1982 
Workers' 
compensation. 
Restriction. 
Job vacancy. 
Comments. 
40 u s e 276c. 
(3) To the extent that a State workers' compensation law is 
applicable, workers' compensation benefits in accordance with such 
law shall be available with respect to injuries suffered by partici-
pants. To the extent that such law is not applicable, each recipient 
of funds under this Act shall secure insurance coverage for injuries 
suffered by such participants, in accordance with regulations pre-
scribed bjr the Secretary. 
(4) All individuals employed in subsidized jobs shall be provided 
benefits and working conditions at the same level and to the same 
extent as other employees working a similar length of time and 
doing the same type of work, 
(5) No funds available under this Act may be used for contribu-
tions on behalf of any participant to retirement systems or plans. 
(b)(1) No currently employed worker shall be displaced by any 
participant (including partial displacement such as a reduction in 
the hours of nonovertime work, wages, or employment benefits). 
(2) No program shall impair existing contracts for services or 
collective bargaining agreements, except that no program under this 
Act which would be inconsistent with the terms of a collective 
bargaining agreement shall be undertaken without the written 
concurrence of the labor organization and employer concerned. 
(3) No participant shall be employed or job opening filled (A) when 
any other individual is on layoff from the same or any substantially 
equivalent job, or (B) when the employer has terminated the employ-
ment of any regular employee or otherwise reduced its workforce 
with the intention of filling the vacancy so created by hiring a 
participant whose wages are subsidized under this Act. 
(4) No jobs shall be created in a promotional line that will infringe 
in any way upon the promotional opportunities of currently 
employed individuals, 
(c)(1) Each recipient of funds under this Act shall provide to the 
Secretary assurances that none of such funds will be used to assist, 
promote, or deter union organizing. 
(2) Where a labor organization represents a substantial number of 
employees who are engaged in similar work or training in the same 
area as that proposed to be funded under this Act, an opportunity 
shall be provided for such organization to submit comments with 
respect to such proposal. 
(d) All laborers and mechanics employed by contractors or subcon-
tractors in any construction, alteration, or repair, including paint-
ing and decorating, of projects, buildings, and works which are 
federally assisted under this Act, shall be paid wages at rates not 
less than those prevailing on similar construction in the locality as 
determined by the Secretary in accordance with the Act of March 3, 
1921 (40 U.S.C. 276a-276a-5), popularly known as the Davis-Bacon 
Act. The Secretary shall have, with respect to such labor standards, 
the authority and functions set forth in Reorganization Plan Num-
bered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act 
of June 1, 1934, as amended (48 Stat. 948, as amended; 40 U.S.C. 
276(c)). The provisions of this subsection shall not apply to a bona 
fide trainee in a training program under this Act, The provisions of 
section 167(a)(4) shall apply to such trainees. 
GRIEVANCE PROCEDURE 
29 use 1554. 
SEC. 144, (a) Each administrative entity, contractor, and grantee 
under this Act shall establish and maintain a grievance procedure 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1347 
for grievances or complaints about its programs and activities from 
participants, subgrantees, subcontractors, and other interested per-
sons. Hearings on any grievance shall be conducted within 30 days Hearings. 
of filing of a grievance and decisions shall be made not later than 60 
days after the filing of a grievance. Except for complaints alleging 
fraud or criminal activity, complaints shsdl be made within one year 
of the alleged occurrence. 
Q)) Each recipient of financial assistance under this Act which is 
an employer of participants under this Act shall continue to operate 
or establish and maintain a grievance procedure relating to the 
terms and conditions of employment. 
(c) Upon exhaustion of a recipient's grievance procedure without investigation. 
decision, or where the Secretary has reason to believe that the 
recipient is failing to comply with the requirements of this Act or 
the terms of the job training plan, the Secretary shall investigate 
the allegation or belief and determine within 120 days after receiv-
ing the complaint whether such allegation or complaint is true. 
PROHIBITION AGAINST FEDERAL CONTROL OF EDUCATION 
SEC. 145. No provision of this Act shall be construed to authorize 
any department, agency, officer, or employee of the United States to 
exercise any direction, supervision, or control over the curriculum, 
program of instruction, administration, or personnel of any educa-
tional institution, school, or school system, or over the selection of 
library resources, textbooks, or other printed or published instruc-
tional materials by any educational institution or school system. 
29 u s e 1555. 
PART D—FEDERAL AND FISCAL ADMINISTRATIVE PROVISIONS 
PROGRAM YEAR 
SEC. 161. (a) Beginning with fiscal year 1985 and thereafter, 29USC1571 
appropriations for any fiscal year for programs and activities under 
this Act shall be available for obligation only on the basis of a 
program year. The program year shall begin on July 1 in the fiscal 
year for which the appropriation is made. 
O
b
) Funds obligated for any program year may be expended by 
each recipient during that program year and the two succeeding 
program years and no amount shall be deobligated on account of a 
rate of expenditure which is consistent with the job training plan. 
(c)(1) Appropriations for fiscal year 1984 shall be available both to 
fund activities for the period between October 1, 1983, and July 1, 
1984, and for the program year beginning July 1,1984. 
(2) There are authorized to be appropriated such additional sums 
as may be necessary to carry out the provisions of this subsection for 
the transition to program year funding. 
Appropriation 
authorization. 
PROMPT ALLOCATION OF FUNDS 
SEC. 162. (a) All allotments and allocations under this Act shall be 
based on the latest available data and estimates satisfactory to the 
Secretary. All data relating to economically disadvantaged and low-
income persons shall be based on 1980 Census or later data. 
(b) Whenever the Secretary allots and allocates funds required to 
be allotted or allocated by formula under this Act, the Secretary 
29 u s e 1572. 
Publication in 
Federal 
Register. 
96 STAT. 1348 
PUBLIC LAW 97-300—OCT. 13, 1982 
Funds, 
distribution. 
Publication in 
Federal 
Register. 
shall publish in a timely fashion in the Federal Register the pro-
posed amount to be distributed to each recipient. 
(c) All funds required to be distributed by formula under this Act 
shall be allotted within 45 days after enactment of the appropri-
ations, except that, if such funds are appropriated in advance as 
authorized by section 161, such funds shall be allotted not later than 
the March 31 preceding the program year for which such funds are 
to be available for obligation. 
(d) Whenever the Secretary utilizes a formula to allot or allocate 
funds made available for distribution at the Secretary's discretion 
under this Act, the Secretary shall, not later than 30 days prior to 
such allotment or allocation, publish such formula in the Federal 
Register for comments along with the rationale for the formula and 
the proposed amounts to be distributed to each State and area. After 
consideration of any comments received, the Secretary shall publish 
final allotments and allocations in the Federal Register. 
(e) Funds shall be made available to the grant recipient for the 
service delivery area not later than 30 days after the date they are 
made available to the Governor or 7 days after the date the plan is 
approved, whichever is later. 
29 u s e 1573. 
Investigations. 
Audits. 
29 u s e 1574. 
Post, pp. 1358, 
1364. 
MONITORING 
SEC. 163. (a) The Secretary is authorized to monitor all recipients 
of financial assistance under this Act to determine whether they are 
complying with the provisions of this Act and the regulations issued 
under this Act. 
(h) The Secretary may investigate any matter the Secretary deems 
necessary to determine compliance with this Act and regulations 
issued under this Act. The investigations authorized by this subsec-
tion may include examining records (including making certified 
copies thereof), questioning employees, and entering any premises or 
onto any site in which any part of a program of a recipient is 
conducted or in which any of the records of the recipient are kept. 
(c) For the purpose of any investigation or hearing under this Act, 
the provisions of section 9 of the Federal Trade Commission Act (15 
U.S.C. 49) (relating to the attendance of witnesses and the produc-
tion of books, papers, and documents) are made applicable to the 
Secretary. 
FISCAL CONTROLS; SANCTIONS 
SEC. 164. (aXD Each State shall establish such fiscal control and 
fund accounting procedures as may be necessary to assure the 
proper disbursal of, and accounting for. Federal funds paid to the 
recipient under titles II and III. The Director of the Office of 
Management and Budget, in consultation with the Comptroller 
General of the United States, shall establish guidance for the proper 
performance of audits. Such guidance shall include a review of fiscal 
controls and fund accounting procedures established by States under 
this section. 
(2) At least once every two years, the State shall prepare or have 
prepared an independent financial and compliance audit of each 
recipient of funds under titles II and III of this Act. Under criteria 
established by the Director of the Office of Management and Budget, 
and upon application by the Governor, the Secretary may exempt 
designated recipients from all or part of the requirements of this 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1349 
section, except that any such exemption shall not apply to the State 
administering agency, the entity which is the administrative entity 
for the job training plan for a service delivery area, or a private 
industry council. Any exemption under this section may be with-
drawn by the Secretary in consultation with the Director of the 
Office of Management and Budget. 
(3) Each audit shall be conducted in accordance with applicable 
auditing standards set forth in the financial and compliance ele-
ment of the Standards for Audit of Governmental Organizations, 
Programs, Activities, and Functions issued by the Comptroller Gen-
eral of the United States. 
(b)(1) Whenever, as a result of financial and compliance audits or Notice of intent. 
otherwise, the Governor determines that there is a substantial 
violation of a specific provision of this Act or the regulations, and 
corrective action has not been taken, the Governor may issue a 
notice of intent to revoke approval of all or part of the plan affected. 
Such notice may be appealed to the Secretary under the same terms 
and conditions as the disapproval of the plan and shall not become 
effective until (A) the time for appeal has expired or (B) the Secre-
tary has issued a decision. 
(2) The Governor shall withdraw the notice if the appropriate 
corrective action has been taken. 
(c)(1) The Comptroller General of the United States shall, on a 
selective basis, evaluate the expenditures by the recipients of grants 
under this Act in order to assure that expenditures are consistent 
with the provisions of this Act and to determine the effectiveness of 
each recipient in accomplishing the purposes of this Act. The Comp-
troller General shall conduct the evaluations whenever he deter-
mines it necessary and he shall periodically report to the Congress 
on the findings of such evaluations. 
(2) Nothing in this Act shall be deemed to relieve the Inspector 
General of the Department of Labor of his responsibilities under the 
Inspector General Act. 
(3) For the purpose of evaluating and reviewing programs estab-
lished or provided for by this Act, the Comptroller General shall 
have access to and the right to copy any books, accounts, records, 
correspondence, or other documents pertinent to such programs that 
are in the possession, custody, or control of the State, a private 
industry council established under section 102 of this Act, any 
recipient of funds under this Act, or any subgrantee or contractor of 
such recipients. 
(d) Every recipient shall repay to the United States amounts 
found not to have been expended in accordance with this Act. The 
Secretary may offset such amounts against any other amount to 
which the recipient is or may be entitled under this Act unless he 
determines that such recipient should be held liable pursuant to 
subsection (e). No such action shall be taken except after notice and 
opportunity for a hearing have been given to the recipient. 
(eXD Each recipient shall be liable to repay such amounts, from 
funds other than funds received under this Act, upon a determina-
tion that the misexpenditure of funds was due to willful disregard of 
the requirements of this Act, gross negligence, or failure to observe 
accepted standards of administration. No such finding shall be made 
except after notice and opportunity for a fair hearing. 
(2) In determining whether to impose £uiy sanction authorized by 
this section against a recipient for violations by a subgrantee of such 
recipient under this Act or the regulations under this Act, the 
Information, 
disclosure. 
Repayment of 
funds. 
Notice and 
hearing. 
Violations. 
96 STAT. 1350 
PUBLIC LAW 97-300—OCT. 13, 1982 
Financial 
assistance, 
termination. 
Notice and 
hearing. 
Discrimination. 
Secretary shall first determine whether such recipient has ade-
quately demonstrated that it has— 
(A) established and adhered to an appropriate system for the 
award and monitoring of contracts with subgrantees which 
contains acceptable standards for ensuring accountability; 
(B) entered into a written contract with such subgrantee 
which established clear goals and obligations in unambiguous 
terms; 
(C) acted with due diligence to monitor the implementation of 
the subgrantee contract, including the carrying out of the 
appropriate monitoring activities (including audits) at reason-
able intervals; and 
(D) taken prompt and appropriate corrective action upon 
becoming aware of any evidence of a violation of this Act or the 
regulations under this Act by such subgrantee. 
(3) If the Secretary determines that the recipient has demon-
strated substantial compliance with the requirements of paragraph 
(2), the Secretary may waive the imposition of sanctions authorized 
by this section upon such recipient. The Secretary is authorized to 
impose any sanction consistent with the provisions of this Act and 
any applicable Federal or State law directly against any subgrantee 
for violation of this Act or the regulations under this Act. 
(f) In emergency situations, if the Secretary determines it is 
necessary to protect the integrity of the funds or ensure the proper 
operation of the program, the Secretary may immediately terminate 
or suspend financial assistance, in whole or in part, if the recipient 
is given prompt notice and the opportunity for a subsequent hearing 
within 30 days after such termination or suspension. The Secretary 
shall not delegate any of the functions or authority specified in this 
subsection, other than to an officer whose appointment WEIS required 
to be made by and with the advice and consent of the Senate. 
(g) If the Secretary determines that any recipient under this Act 
has discharged or in any other manner discriminated against a 
participant or against any individual in connection with the admin-
istration of the program involved, or against any individual because 
such individual has filed any complaint or instituted or caused to be 
instituted any proceeding under or related to this Act, or has 
testified or is about to testify in any such proceeding or investigation 
under or related to this Act, or otherwise unlawfully denied to any 
individual a benefit to which that individual is entitled under the 
provisions of this Act or the Secretary's regulations, the Secretary 
shall, within thirty days, take such action or order such corrective 
measures, as necessary, with respect to the recipient or the 
aggrieved individual, or both. 
(h) The remedies under this section shall not be construed to be 
exclusive remedies. 
REPORTS, RECORDKEEPING, AND INVESTIGATIONS 
29 use 1575. 
SEC. 165. (aXD Recipients shall keep records that are sufficient to 
permit the preparation of reports required by this Act and to permit 
the tracing of funds to a level of expenditure adequate to insure that 
the funds have not been spent unlawfully. 
(2) Every recipient shall maintain such records and submit such 
reports, in such form and containing such information, as the 
Secretary requires regarding the performance of its programs. Such 
records and reports shall be submitted to the Secretary but shall not 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1351 
be required to be submitted more than once each quarter unless 
specifically requested by the Congress or a committee thereof. 
(bXlXA) In order to evaluate compliance with the provisions of investigations. 
this Act, the Secretary shall conduct, in several States, in each fiscal 
year investigations of the use of funds received by recipients under 
this Act. 
(B) In order to insure compliance with the provisions of this Act, 
the Comptroller General of the United States may conduct investi-
gations of the use of funds received under this Act by any recipient. 
(2) In conducting any investigation under this Act, the Secretary 
or the Comptroller General of the United States may not request the 
compilation of any new information not readily available to such 
recipient. 
(c) Each State, each administrative entity designated under title I, Ante, p. 1327. 
and each recipient (other than a subrecipient, grantee or contractor 
of a recipient) receiving funds under this Act shall— 
(1) make such reports concerning its operations and expendi-
tures as shall be prescribed by the Secretary, and 
(2) prescribe and maintain a management 
information 
system, in accordance with guidelines prescribed by the Secre-
tary, designed to facilitate the uniform compilation and analysis 
of programmatic and financial data, on statewide and service 
delivery area bases, necessary for reporting, monitoring, and 
evaluating purposes. 
ADMINISTRATIVE ADJUDICATION 
SEC. 166. (a) Whenever any applicant for financial assistance 29 use 1576. 
under this Act is dissatisfied because the Secretary has made a 
determination not to award financial assistance in whole or in part 
to such applicant, the applicant may request a hearing before an 
administrative law judge of the Department of Labor. A similar 
hearing may also be requested by any recipient upon whom a 
corrective action or a sanction has been imposed by the Secretary. 
Except to the extent provided for in section 167, all other disputes 
arising under this Act shall be adjudicated under grievance proce-
dures established by the recipient or under applicable law other 
than this Act. 
Ob) The decision of the administrative law judge shall constitute 
final action by the Secretary unless, within 20 days after receipt of 
the decision of the administrative law judge, a party dissatisfied 
with the decision or any part thereof has filed exceptions with the 
Secretary specifically identifying the procedure, fact, law, or policy 
to which exception is taken. Any exception not specifically urged Waiver. 
shall be deemed to have been waived. Thereafter the decision of the 
administrative law judge shall become the final decision of the 
Secretary unless the Secretary, within 30 days of such filing, has 
notified the parties that the case has been accepted for review. 
(c) Any case accepted for review by the Secretary shall be decided 
within one hundred and eighty days of such acceptance. If not so 
decided, the decision of the administrative law judge shall become 
the final decision of the Secretary. 
(d) The provisions of section 168 of this Act shall apply to any final 
action of the Secretary under this section. 
96 STAT. 1352 
PUBLIC LAW 97-300—OCT. 13, 1982 
29 use 1577. 
42 use 6101 
note. 
29 use 794. 
20 use 1681. 
42 use 2000d. 
42 use 2000d, 
6101 note; 29 
use 794. 
NONDISCRIMINATION 
SEC. 167. (aXD For the purpose of applying the prohibitions 
against discrimination on the basis of age under the Age Discrimina-
tion Act of 1975, on the basis of handicap under section 504 of the 
Rehabilitation Act, on the basis of sex under title IX of the Educa-
tion Amendments of 1972, or on the basis of race, color, or national 
origin under title VI of the Civil Rights Act of 1964, programs and 
activities funded or otherwise financially assisted in whole or in part 
under this Act are considered to be programs and activities receiv-
ing Federal financial assistance. 
(2) No individual shall be excluded from participation in, denied 
the benefits of, subjected to discrimination under, or denied employ-
ment in the administration of or in connection with any such 
program because of race, color, religion, sex, national origin, age, 
handicap, or political affiliation or belief. 
(3) Participants shall not be employed on the construction, oper-
ation, or maintenance of so much of any facility as is used or to be 
used for sectarian instruction or as a place for religious worship. 
(4) With respect to terms and conditions affecting, or rights pro-
vided to, individuals who are participants in activities supported by 
funds provided under this Act, such individuals shall not be 
discriminated against solely because of their status as such 
participants. 
(5) Participation in programs and activities financially assisted in 
whole or in part under this Act shall be open to citizens and 
nationals of the United States, lawfully admitted permanent resi-
dent aliens, lawfully admitted refugees and parolees, and other 
individuals authorized by the Attorney General to work in the 
United States. 
Ot)) Whenever the Secretary finds that a State or other recipient 
has failed to comply with a provision of law referred to in subsection 
(aXD, with paragraph (2), (3), (4), or (5) of subsection (a), or with an 
applicable regulation prescribed to carry out such paragraphs, the 
Secretary shall notify such State or recipient and shall request it to 
comply. If within a reasonable period of time, not to exceed sixty 
days, the State or recipient fails or refuses to comply, the Secretary 
m a y -
C
D refer the matter to the Attorney General with a recom-
mendation that an appropriate civil action be instituted; 
(2) exercise the powers and functions provided by title VI of 
the Civil Rights Act of 1964, the Age Discrimination Act of 1975, 
or section 504 of the Rehabilitation Act, as may be applicable; or 
(3) take such other action as may be provided by law. 
(c) When a matter is referred to the Attorney General pursuant to 
subsection G)X1), or whenever the Attorney General has reason to 
believe that a State or other recipient is engaged in a pattern or 
practice in violation of a provision of law referred to in subsection 
(aXD or in violation of paragraph (2), (3), (4), or (5) of subsection (a), 
the Attorney General may bring a civil action in any appropriate 
district court of the United States for such relief as may be appropri-
ate, including injunctive relief. 
(d) For purposes of this section, Job Corps members shall be 
considered as the ultimate beneficiaries of Federal financial assist-
ance. 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1353 
JUDICIAL REVIEW 
SEC. 168. (aXD With respect to any final order by the Secretary 
under section 166 whereby 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 166 with 
respect to a corrective action or sanction imposed under section 164, 
and with respect to a denial of an appeal under section 101(4)(C) or 
105(b)(2), 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 treinsmit 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, United 
States Code. Review petitions unless ordered by the court, shall not 
stay the Secretary's order. Petitions under this Act 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 ques-
tions of law and the Secretary's findings of fact shall be conclusive if 
supported by substantial evidence. 
(b) 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, United States Code. 
29 u s e 1578. 
ADMINISTRATIVE PROVISIONS 
SEC. 169. (a) The Secretary may, in accordance with chapter 5 of 
title 5, United States Code, prescribe such rules and regulations 
(including performance standards) as the Secretary deems neces-
sary. Such rules and regulations may include adjustments author-
ized by section 204 of the Intergovernmental Cooperation Act of 
1968. 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 
wfich is the basis therefor. 
(b) The Secretary is authorized, in carrying out this Act, to accept, 
purchase, or lease in the name of the department, and employ or 
dispose of in furtherance of the purposes of this Act, 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 
36790t)) of the Revised Statutes of the United States. 
(c) The Secretary may make such grants, contracts, or agree-
ments, establish such procedures and make such payments, in 
installments and in advance or by way of reimbursement, or other-
wise allocate or expend funds under this Act as necessary to carry 
out this Act, including (without regard to the provisions of section 
4774(d) of title 10, United States Code) expenditures for construction. 
Rules and 
regulations. 
29 u s e 1579. 
5 u s e 500. 
42 u s e 4214. 
Publication in 
Federal 
Register. 
31 u s e 665. 
96 STAT. 1354 
PUBLIC LAW 97-300—OCT. 13, 1982 
repairs, and capital improvements, and including necessary adjust-
ments in payments on account of overpayments or underpayments. 
Report to 
(d) The Secretary shall prepare and submit to the Congress an 
Congress. 
annual report for employment and training programs. The Secre-
tary shall include in such report— 
(1) a summary of the achievements, failures, and problems of 
the programs authorized in this Act in meeting the objective of 
this Act; 
(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 administra-
tive action as the Secretary deems appropriate. 
(e) The Secretary shall develop methods to ascertain, and shall 
ascertain annually, energy development and conservation employ-
ment 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. 
UTILIZATION OF SERVICES AND FACILITIES 
29 use 1580. 
SEC. 170. The Secretary is authorized, in carrying out this Act, and 
to the extent permitted by law other than this Act, to accept and use 
the services and facilities of departments, agencies, and establish-
ments 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. 
OBLIGATIONAL AUTHORITY 
29 use 1581. 
SEC. 171. Notwithstanding any other provision of this Act, no 
authority to enter into contracts or financial assistance agreements 
under this Act shall be effective except to such extent or in such 
amount as are provided in advance in appropriation Acts. 
PART E—MISCELLANEOUS PROVISIONS 
TRANSITION 
29 use 1591. 
SEC. 181. (a) Except as otherwise provided in this section, the 
Secretary, from funds appropriated pursuant to this Act or pursuant 
Post, p-1357. 
to the Comprehensive Employment and Training Act, shall provide 
financial assistance under this Act in the same manner that such 
assistance was provided under the Comprehensive Employment and 
Training Act (as in effect on the day before the enactment of this 
Act) until September 30,1983. 
(b) The Commission established by title V of the Comprehensive 
Post, p. 1357. 
Employment and Training Act shall continue to be authorized until 
September 30, 1983, and on such date the personnel, property, and 
records of such Commission shall be transferred to the Commission 
Post, p. 1387. 
established by part F of title IV of this Act. 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1355 
(c) Notwithstanding the provisions of subsection (a), Governors, 
prime sponsors, and other recipients of financial assistance under 
this Act, or under the Comprehensive Employment and Training 
Act, may expend funds received under this Act, or under the 
Comprehensive Employment and Training Act, prior to October 1, 
1983, in order to— 
(1) administer consolidated programs formed by the combin-
ing of programs previously administered under different titles, 
parts, and subparts of the Comprehensive Employment and 
Training Act; 
(2) establish for new participants, in accordance with the 
eligibility criteria for title II of this Act, uniform eligibility 
criteria and other provisions relating to participation for pro-
grams consolidated pursuant to paragraph (1); 
(3) conduct planning for any program or activity authorized 
under this Act; and 
(4) conduct any other activity deemed necessary by the recipi-
ent to provide for an orderly transition to the operation, as of 
October 1,1983, of programs under this Act. 
(d) All orders, determinations, rules, regulations, permits, grants, 
contracts, certificates, licenses, and privileges, which have been 
issued under the Comprehensive Employment and Training Act (as 
in effect on the date before the date of enactment of this Act), or 
which are issued under that Act on or before September 30, 1983, 
shall continue in effect until modified or revoked by the Secretary, 
by a court of competent jurisdiction, or by operation of law other 
than this Act. 
(e) The provisions of this Act shall not affect administrative or 
judicial proceedings pending on the date of enactment of this Act, or 
begun between the date of enactment of this Act and September 30, 
1984, under the Comprehensive Emplo3mient and Training Act. 
(f)(1) By January 1,1983, the Secretary shall have published in the 
Federal Register final regulations governing the establishment of 
the State job training coordinating councils and the designation of 
service delivery areas. 
(2) By January 15, 1983, the Secretary shall have published in the 
Federal Register final regulations governing the establishment of 
private industry councils. 
(3) By March 15, 1983, the Secretary shall have published in the 
Federal Register final regulations governing all aspects of programs 
under title II of this Act not described in paragraphs (1) and (2) of 
this subsection. 
(4) All other regulations for programs under this Act shall take 
effect no later than October 1,1983. 
(5) Pursuant to section 169(a) of this Act the rules described in 
paragraphs (1), (2), and (3) of this section shall take effect thirty days 
after publication. In promulgating the rules described in paragraphs 
(1), (2), and (3), the Secretary shall be exempt from all requirements 
of law regarding rulemaking procedures except that such rules, 
prior to their publication in final form, shall be published in the 
Federal Register for comment for thirty days in the case of rules 
under paragraphs (2) and (3) and twenty days in the case of rules 
under paragraph (1). 
(6) The Secretary may subsequently modify rules issued pursuant 
to paragraphs (1), (2), and (3) but, with respect to the program period 
October 1, 1983, to June ZO, 1984, such subsequent rules shall not 
affect the legitimacy of any State job training coordinating council 
Post, p. 1357. 
Effective date. 
Publications in 
Federal 
Register. 
Effective dates. 
Publications in 
Federal 
Register. 
96 STAT. 1356 
PUBLIC LAW 97-300—OCT. 13, 1982 
or private industry council, or the composition of any service deliv-
ery area, established under the rules issued pursuant to paragraphs 
Effective rules 
(1) or (2). In addition, with respect to the program period October 1, 
1983, to June 30, 1984, no modifications of the rules published 
pursuant to paragraph (3) shall be effective unless they are pub-
lished in final form by May 15,1983. 
(7) Upon the certification of any private industry council under 
section 102(g) the Secretary, from discretionary funds appropriated 
Post, p. 1357. 
under this Act or Comprehensive Emplo3nnent Training Act, for 
fiscal year 1983, may provide up to $80,000 to each such council to 
assist it in performing its functions under section 103. 
(g) Notwithstanding any other provision of law, any real or nonex-
pendable personal property, which was acquired on or before Sep-
tember 30,1983, by prime sponsors (including by their contractors or 
subrecipients) with funds under the Comprehensive Employment 
and Training Act or under this Act, and with respect to which the 
Secretary reserved the right to take title, shall be transferred, as of 
October 1, 1983, from such prime sponsors to the custody of the 
entity which is administering programs under title II of this Act in 
the geographic area in which such property is located. Such transfer 
shall be subject to the Secretary's rights in such property, which 
shall continue unchanged. 
(h) Funds for fiscal year 1982 allocated to areas served by prime 
sponsors or to other recipients under the Comprehensive Employ-
ment and Training Act, which were not obligated by the prime 
sponsor or other recipient prior to the end of such fiscal year, shall 
remain available for obligation by the prime sponsor or other recipi-
ent during fiscal year 1983. No reduction shall be made in the 
allocation for any area served by such a prime sponsor from appro-
priations to carry out this Act for fiscal year 1983 on account of the 
carryover of such funds from fiscal year 1982 to fiscal year 1983. 
Effective date. 
(i) The amendments made by sections 501 and 502 shall be effec-
tive October 1, 1983, but, the Secretary is authorized to use funds 
appropriated iFor fiscal year 1983 to plan for the orderly implementa-
tion of such amendments. 
(j)(l) In order to facilitate the development of a service delivery 
area's job training plan for the program period October 1, 1983, to 
June 30, 1984, the various time limits contained in this Act which 
pertain to the planning process shall not be applicable, except that 
the job training plan must be submitted to the Governor by August 
31, 1983. This provision shall apply only to the time limits and shall 
not apply to any of the required planning procedures, or to the 
required chronological order of such procedures except that the job 
training plan and budget need only be for the October 1, 1983 to 
June 30,1984 program period. 
(2) In order to facilitate planning for the program period October 
1,1983, to June 30,1984, the local agreement or agreements between 
the private industry council and the appropriate chief elected offi-
cial or officials may provide for interim procedures applicable only 
to that program. Such interim agreements may also, notwithstand-
ing the provisions of section 107, authorize service deliverers under 
Post, p. 1357. 
the Comprehensive Employment and Training Act or under this Act 
during fiscal year 1983 to continue as service deliverers under the 
program as established by this Act for such period. 
(3) The performance standards described in section 106 shall apply 
to service delivery areas for the program period October 1, 1983, to 
June 30, 1984. No service delivery area, however, shall suffer a 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1357 
penalty for not meeting such standards during that initial program 
period. 
(k) All participants who are in programs funded under this Act, or 
under the Comprehensive Emplojmient and Training Act, on Sep-
tember 30, 1983, shall be eligible to continue to participate in such 
programs, provided such programs have been approved for funding 
under the service delivery area's newly effective job training plan. 
Infra. 
CRIMINAL PROVISIONS 
SEC. 182. Section 665 of title 18, United States Code, is amended to 
read as follows: 
"THEFT OR EMBEZZLEMENT FROM EMPLOYMENT AND TRAINING FUNDS: 
IMPROPER INDUCEMENT: OBSTRUCTION OF INVESTIGATIONS 
"SEC. 665. (a) Whoever, being an officer, director, agent, or Penalty. 
employee of, or connected in any capacity with any agency or 
organization receiving financial assistance or any funds under the 
Comprehensive Emplo5mient and Training Act or the Job Training 2
9 use 80i note. 
Partnership Act knowingly enrolls an ineligible participant, embez- Ante, p. 1322. 
zles, willfully misapplies, steals, or obtains by fraud any of the 
moneys, funds, assets, or property which are the subject of a finan-
cial assistance agreement or contract pursuant to such Act shall be 
fined not more than $10,000 or imprisoned for not more than 2 
years, or both; but if the amount so embezzled, misapplied, stolen, or 
obtained by fraud does not exceed $100, such person shall be fined 
not more than $1,000 or imprisoned not more than 1 year, or both. 
"0>) Whoever, by threat or procuring dismissal of any person from Penalty. 
emplo3rment or of refusal to employ or refusal to renew a contract of 
employment in connection with a financial assistance agreement or 
contract under the Comprehensive Employment and Training Act 
or the Job Training Partnership Act induces any person to give up 
any money or thing of any value to any person (including such 
organization or agency receiving funds) shall be fined not more than 
$1,000, or imprisoned not more than 1 year, or both. 
"(c) Any person whoever willfully obstructs or impedes or willfully Penalty. 
endeavors to obstruct or impede, an investigation or inquiry under 
the Comprehensive Employment and Training Act or the Job Train-
ing Partnership Act, or the regulations thereunder, shall be pun-
ished by a fine of not more than $5,000, or by imprisonment for not 
more than 1 year, or by both such fine and imprisonment.". 
REFERENCE 
SEC. 183. Effective on the date of enactment of this Act, all 2
9 use 1592. 
references in any other statute other than this Act, and other than 
in section 665 of title 18, United States Code, to the Comprehensive 
Emplo3mient and Training Act shall be deemed to refer to the Job 
Training Partnership Act. 
REPEALERS 
SEC. 184. (a) Effective on the date of enactment of this Act— 
(1) the Comprehensive Employment and Training Act is 29 use 80i et 
repealed; 
*^9-
96 STAT. 1358 
PUBLIC LAW 97-300—OCT. 13, 1982 
Repeal. 
29 u s e 829a. 
29 u s e 1601. 
Ante, p. 1357. 
Definitions. 
(2) section 5(b) of the Comprehensive Emplojmient and Train-
ing Act Amendments of 1978 is repealed. 
TITLE II—TRAINING SERVICES FOR THE DISADVANTAGED 
PART A—ADULT AND YOUTH PROGRAMS 
ALLOTMENT 
SEC. 201. (a) Not more than $5,000,000 of the amount appropriated 
pursuant to section 3(a)(1) for each fiscal year and available for this 
gart shall be allotted among Guam, the Virgin Islands, American 
amoa, the Trust Territory of the Pacific Islands, and the Northern 
Mariana Islands. 
Ot))(l) Subject to the provisions of paragraph (2), of the remainder 
of the amount available for this part for each fiscal year— 
(A) 33 V
a percent shall be allotted on the basis of the relative 
number of unemployed individuals residing in areas of substan-
tial unemployment in each State as compared to the total 
number of such unemployed individuals in all such areas of 
substantial unemployment in all the States; 
(B) 33 V
a percent snail be allotted on the basis of the relative 
excess number of unemployed individuals who reside in each 
State as compared to the total excess number of unemployed 
individuals in all the States; 
(C) 33 V
a percent shall be allotted on the basis of the relative 
number of economically disadvantaged individuals within the 
State compared to the total number of economically disadvan-
taged individuals in all States, except that, for the allotment for 
any State in which there is any service delivery area described 
in section 101(aX4XAXiii), the allotment shall be based on the 
higher of the number of adults in families with an income below 
the low-income level in such area or the number of economically 
disadvantaged individuals in such area. 
(2)(A) No State shall receive less than one-quarter of 1 percent of 
the amounts available for allotment under this subsection for each 
such fiscal year. 
(B) No State shall be allotted less than 90 percent of its allotment 
percentage for the fiscal year preceding the fiscal year for which the 
determination is made. For the purpose of this subparagraph, the 
allotment percentage for each State for the fiscal year 1982 is the 
percent that each State received in 1982, pursuant to the formula 
allocations made under the Comprehensive Employment and Train-
ing Act, of the tot£il such formula allocations for all States made 
under that Act in fiscal year 1982. For each succeeding fiscal year, 
the allotment percentage of a State shall be the percentage which 
the State received of all allotments pursuant to this subsection. 
(3) For purposes of paragraph (1)— 
(A) the term "excess number" means the number which 
represents the number of unemployed individuals in excess of 
4.5 percent of the civilian labor force in the State, or the 
number which represents the number of unemployed individ-
uals in excess of 4.5 percent of the civilian labor force in areas of 
substantial unemployment in such State; and 
(B) the term "economically disadvantaged" means an individ-
ual who has, or is a member of a family which has, received a 
total family income (exclusive of unemployment compensation, 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1359 
child support pa3niients, and welfare pa5mients) which, in rela-
tion to family size, was not in excess of the higher of (i) the 
poverty level determined in accordance with criteria established 
by the Director of the Office of Management and Budget, or (ii) 
70 percent of the lower living standard income level. 
WITHIN STATE ALLOCATION 
SEC. 202. (a)(1) The Governor shall, in accordance with section 162, 29 use 1602. 
allocate 78 percent of the allotment of the State (under section 
201(b)) for such fiscal year among service delivery areas within the 
State in accordance with paragraph (2). 
(2) Of the amount allocated under this subsection— 
(A) 33 V
a percent shall be allocated on the basis of the relative 
number of unemployed individuals residing in areas of substan-
tial unemplo3rment in each service delivery area as compared to 
the total number of such unemployed individuals in all such 
areas of substantial unemployment in the State; 
(B) 33 V
a percent shall be allocated on the basis of the relative 
excess number of unemployed individuals who reside in each 
service delivery area as compared to the total excess number of 
unemployed individuals in all service delivery areas in the 
State; 
(C) 33 V
a percent shall be allocated on the basis of the relative 
number of economically disadvantaged individuals within each 
service delivery area compared to the total number of economi-
cally disadvantaged individuals in the State, except that the 
allocation for any service delivery area described in section 
101(a)(4XAXiii) shall be based on the higher of the number of 
adults in families with an income below the low-income level in 
such area or the number of economically disadvantaged individ-
uals in such area. 
(3) For the purpose of this section— 
Definitions. 
(A) the term "excess number" means the number which 
represents the number of unemployed individuals in excess of 
4.5 percent of the civilian labor force in the service delivery 
area or the number which represents the number of unem-
ployed individuals in excess of 4,5 percent of the civilian labor 
force in areas of substantial unemployment in such service 
delivery area; and 
(B) the term "economically disadvantaged" means an individ-
ual who has, or is a member of a family which has, received a 
total family income (exclusive of unemplo3anent compensation, 
child support pajmnients, and welfare payments) which, in rela-
tion to family size, was not in excess of the higher of (i) the 
poverty level determined in accordance with criteria established 
by the Director of the Office of Management and Budget, or (ii) 
70 percent of the lower living standard income level. 
(bXD Eight percent of the allotment of each State (under section 
201(b)) for each fiscal year shall be available to carry out section 123, 
relating to State education programs under this Act. 
(2) Three percent of such allotment of each State for each fiscal 
year shall be available to carry out section 124, relating to training 
programs for older individuals. 
(3XA) Six percent of such allotment of each State for each fiscal 
year shall be available to carry out subparagraph (B) of this para-
graph. 
96 STAT. 1360 
PUBLIC LAW 97-300—OCT. 13, 1982 
Incentive grants. 
(g) 'fjie amount reserved under subparagraph (A) of this para-
graph shall be used by the Governor to provide incentive grants for 
programs exceeding performance standards, including incentives for 
serving hard-to-serve individuals. The incentive grants made under 
this subparagraph shall be distributed among service delivery areas 
within the State exceeding their performance standards in an equi-
table proportion based on the degree by which the service delivery 
areas exceed their performance standards. If the full amount 
reserved under subparagraph (A) of this paragraph is not needed to 
make incentive grants under this subparagraph, the Governor shall 
use the amount not so needed for technical assistance to service 
delivery areas in the State which do not qualify for incentive grants 
under this subparagraph. 
(4) Five percent of such allotment of the State for each fiscal year 
shall be available to the Governor of the State to be used for the cost 
of auditing activities, for administrative activities, and for other 
activities under sections 121 and 122. 
29 use 1603. 
42 use 601. 
42 use 602. 
School dropout. 
EUGIBIUTY FOR SERVICES 
SEC. 203. (a)(1) Except as provided in paragraph (2), an individual 
shall be eligible to particpate in programs receiving assistance 
under 
this 
title 
only 
if 
such 
individual 
is 
economically 
disadvantaged. 
(2) Up to 10 percent of the participants in all programs in a service 
delivery area receiving assistance under this part may be individ-
uals who are not economically disadvantaged if such individuals 
have encountered barriers to employment. Such individuals may 
include, but are not limited to, those who have limited English-
language proficiency, or are displaced homemakers, school dropouts, 
teenage parents, handicapped, older workers, veterans, offenders, 
alcoholics, or addicts. 
(b)(1) Funds provided under this part shall be used in accordance 
with the job training plan to provide authorized services to disad-
vantaged youth and adults. Except as provided in paragraph (2), not 
less than 40 percent of the funds available for such services shall be 
expended to provide such services to eligible youth. 
(2) To the extent that the ratio of economically disadvantaged 
youth to economically disadvantaged adults in the service delivery 
area differs from the ratio of such individuals nationally (as pub-
lished by the Secretary), the amount which shall be required to 
expend for services for youth under paragraph (1) shall be reduced 
or increased proportionately in accordance with regulations pre-
scribed by the Secretary. 
(3) Recipients of payments made under the program of aid to 
families with dependent children under a State plan approved under 
part A of title IV of the Social Security Act who are required to, or 
have, registered under section 402(a)(19) of that Act and eligible 
school dropouts shall be served on an equitable basis, taking into 
account their proportion of economically disadvantaged persons 
sixteen years of age or over in the area. For purposes of this para-
graph, a school dropout is an individual who is neither attending 
any school nor subject to a compulsory attendance law and who has 
not received a secondary school diploma or a certificate from a 
program of equivalency for such a diploma. 
(4) In each service delivery area the ratio of participants in on-the-
job training assisted under this title in the public sector to partici-
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1361 
pants in such training in the private sector shall not exceed the 
ratio between civilian governmental employment and nongovern-
mental employment in such area, 
(c) For purposes of this title— 
(1) the term "youth" means an individual who is aged 16 "Youth." 
through 21, and 
(2) the term "adult" means an individual who is 22 years of "Adult." 
age or older. 
USE OP FUNDS 
SEC. 204. Services which may be made available to youth and 2
9 use i604. 
adults with funds provided unoer this title may include, but need 
not be limited to— 
(1) job search assistance, 
(2) job counseling, 
(3) remedial education and basic skills training, 
(4) institutional skill training, 
(5) on-the-job training, 
(6) programs of advanced career training which provide a 
formal combination of on-the-job and institutional training and 
internship assignments which prepare individuals for career 
employment, 
(7) training programs operated b3r the private sector, includ-
ing those operated by labor organizations or by consortia of 
private sector emplovers utilizing private sector facilities, equip-
ment, and personnel to train workers in occupations for wnicn 
demand exceeds supply, 
(8) outreach to m ^ e individuals aware of, and encourage the 
use of employment and training services, 
(9) specialized surveys not available through other labor 
market information sources, 
(10) programs to develop work habits and other services to 
individuals to help them obtain and retain employment, 
(11) supportive services necessary to enable individuals to 
participate in the program and to assist them in retaining 
emplo3mient for not to exceed 6 months following completion of 
training, 
(12) upgrading and retraining, 
(13) education-to-work transition activities, 
(14) literacy training and bilingual training, 
(15) work experience, 
(16) vocational exploration, 
(17) attainment of certificates of high school equivalency, 
(18) job development, 
(19) employroent generating activities to increase job opportu-
nities for eligible individuals in the area, 
(20) pre-apprenticeship programs, 
(21) disseminating information on program activities to 
employers, 
(22) use of advanced learning technology for education, job 
preparation, and skills training, 
(23) development of 
job openmgs, 
(24) on-site industry-specific training programs supportive of 
industrial and economic development, 
(25) followup services with participants placed in unsubsidized 
employment. 
96 STAT. 1362 
PUBLIC LAW 97-300—OCT. 18, 1982 
(26) coordinated programs with other Federal emplojnnent-
related activities, 
(27) needs-based payments necessary to participation in 
accordance with a locally developed formula or procedure, and 
(28) customized training conducted with a commitment by an 
employer or group of employers to employ an individual upon 
successful completion of that training. 
29 use 1605. 
Preemployment 
skills training 
program. 
Entry 
employment 
experience 
program. 
EXEMPLARY YOUTH PROGRAMS 
SEC. 205. (a) In addition to the services for youth which may be 
available in accordance with section 204, the job training plan may, 
at the option of those responsible for its preparation, elect to include 
one or more of the exemplary youth programs described in subsec-
tions (b) through (e) of this section, each of which may be modified by 
the plan to accommodate local conditions. 
(b)(1) The job training plan may provide for the conduct of an 
"education for emplo5mient progrsun" for eligible youth who have 
not attained a high school diploma or who have educational deficien-
cies despite the attainment of a diploma, with priority given to high 
school dropouts. 
(2) The education for emplo3nnent programs may provide for the 
maintenance of a network of learning centers offering individual-
ized or group instruction in convenient locations, such as schools, 
neighborhood organizations, libraries, and other sites, including 
mobile vans in rural areas. 
(3) The curricula provided by such network shall be designed to 
prepare the student to meet State and locally determined general 
education diploma and basic education competency requirements. 
(4) For purposes of this section, priority shall be given in the 
selection of service providers to previously funded in-school and 
community based organization projects which are both cost-effective 
and of demonstrated success, and which otherwise meet criteria 
under this Act. 
(cXl) The job training plan may provide for the conduct of a 
"preemployment skills training program" for youth, and individuals 
aged 14 and 15, with priority being given to those individuals who do 
not meet established levels of academic achievement and who plan 
to enter the full-time labor market upon leaving school. 
(2) The preemployment skill training program may provide youth 
up to 200 hours of instruction and activities. 
(3) The instruction and activities may include— 
(A) assessment, testing, and counseling; 
(B) occupational career and vocational exploration; 
(C) job search assistance; 
(D) job holding and survival skills training; 
(E) basic life skills training; 
(F) remedial education; 
(G) labor market information; and 
(H) job-seeking skills training. 
(dXD The job training plan may provide for the conduct of an 
"entry employment experience program" for youth who— 
(A) have completed preemployment skills training or its 
equivalent; 
(B) have not recently held a regular part-time or summer job 
for more than 250 hours of paid emplojrment, except that this 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1363 
paragraph may be waived in accordance with criteria estab-
lished in the job training plan; and 
(C) are enrolled in a secondary school or an institution offer-
ing a certified high school equivalency program and are meeting 
or have met the minimum academic and attendance require-
ments of that school or education program during the current or 
most recent term, 
with priority given to youth who do not plan to continue on to 
postsecondary education. 
(2) Entry employment experiences may be up to 20 hours weekly 
during the school year or full time during the summer and holidays, 
for a total of not to exceed 500 hours of entry employment experi-
ence for £uiy individual. Such experiences shall be appropriately 
supervised, including the maintenance of standards of attendance 
and worksite performance. 
(3) Entry employment experiences may be one of the following 
types: 
(A) Full-time employment opportunities in public and private 
nonprofit agencies during the summer and on a part-time basis 
in combination with education and training activities. These 
jobs shall provide community improvement services that com-
plement local expenditures. 
(B) Tryout employment at private for-profit worksites, or at 
public and private nonprofit worksites when private for-profit 
worksites are not available. Compensation in lieu of wages for 
tryout employment shall be paid by the grant recipient, but the 
length of any assignment to a tryout employment position shall 
not exceed 250 hours. Tryout employment positions shall be 
ones for which participants would not usually be hired Obecause 
of lack of experience or other barriers to employment), and 
vacancies in such positions may not be refilled if the previous 
participant completed the tryout emplo5mfient but was not hired 
by the employer. 
(C) Cooperative education programs to coordinate educational 
programs with work in the private sector. 
(e)(1) The job training plan may provide for the conduct of a 
"school-to-work transition assistance program" for youth who are— 
(A) high school seniors who plan to enter the full-time labor 
market upon graduation, with priority to seniors in high schools 
having a predominance of students from families with incomes 
below 70 percent of the lower living standard income level; and 
(B) dropouts, with foUowup as immediately as possible after 
leaving school. 
(2) Transition services include— 
(A) provision of occupational information; 
(B) short-duration job search assistance; 
(C) job clubs; 
(D) placement and job development; and 
(E) foUowup. 
(3) Seniors and dropouts who are eligible for and in need of 
training activities may be provided information and, where appropri-
ate, referred to— 
(A) preemplojmient skills training, entry emplojmaent experi-
ence, and remedial education; 
(B) adult training activities; and 
(C) the Job Corps. 
Entry 
employment 
experiences. 
School-to-work 
transition 
assistance 
program. 
96 STAT. 1364 
PUBLIC LAW 97-300—OCT. 13, 1982 
PART B—SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAMS 
AUTHORIZATION OF APPROPRIATIONS; ALLOTMENT AND ALLOCATION 
29 use 1631. 
SEC. 251. (a) From the funds appropriated under section 3(b), the 
Secretary shall first allocate to Guam, the Virgin Islands, American 
Samoa, the Trust Territory of the Pacific Islands, the Northern 
Mariana Islands, and entities eligible under section 401 the same 
percentage of funds as were available to such areas and entities for 
the summer youth program in the fiscal year preceding the fiscal 
year for which the determination is made. 
(b) The remainder of sums appropriated pursuant to section 3(b) 
shall be allotted among States in accordance with section 201(b) and 
allocated among service delivery areas within States in accordance 
with section 202(aX2) and (3). 
USE OF FUNDS 
2
9 use 1632. 
SEC. 252. Funds available under this part may be used for— 
(1) basic and remedial education, institutional and on-the-job 
training, work experience programs, employment counseling, 
occupational training preparation for work, outreach and 
enrollment activities, employability assessment, job referral and 
placement, job search and job club activities, and any other 
employment or job training activity designed to give employ-
ment to eligible individuals or prepare them for, and place them 
in, employment; and 
(2) supportive services necessary to enable such individuals to 
participate in the program. 
UMITATIONS 
29 use 1633. 
SEC. 253. (a). Programs under this part shall be conducted during 
the summer months. 
0>) Except as provided in subsection (c), individuals eligible under 
this part shall be economically disadvantaged youth. 
(c) Eligible individuals aged 14 or 15 shall, if appropriate and set 
forth in the job training plan, be eligible for summer youth pro-
grams under this part. 
APPLICABLE PROVISIONS 
2
9 use 1634. 
SEC. 254. Private industry councils established under title I, chief 
Ante, p. 1327. 
elected officials. State job training coordinating councils, and Gover-
nors shall have the same authority, duties, and responsibilities with 
respect to planning and administration of funds available under this 
part as private industry councils, chief elected officials. State job 
training coordinating councils, and Governors have for funds avaua-
Ante, p. 1358. 
blc Under part A of title II. 
TITLE m—EMPLOYMENT AND TRAINING ASSISTANCE FOR 
DISLOCATED WORKERS 
ALLOCATION OF FUNDS 
2
9 use 1651. 
SEC. 301. (a) From the amount appropriated to carry out this title 
for any fiscal year, the Secretary may reserve up to 25 percent of 
such amount for use by the States in accordance with subsection (c). 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1365 
(b) The Secretary shall allot the remainder of the amount appro-
priated to carry out this title for any fiscal year among the States as 
follows: 
(1) One-third of the remainder of such amount shall be allot-
ted among the States on the basis of the relative number of 
unemployed individuals who reside in each State as compared 
to the total number of unemployed individuals in all the States. 
(2) One-third of the remainder of such amount shall be allot-
ted among the States on the basis of the relative excess number 
of unemployed individuals who reside in each State as compared 
to the total excess number of unemployed individuals in all the 
States. For purposes of this paragraph, the term "excess 
number" means the number which represents unemployed indi-
viduals in excess of 4.5 percent of the civilian labor force in the 
State. 
(8) One-third of the remainder of such amount shall be allot-
ted among the States on the basis of the relative number of 
individuals who have been unemployed for fifteen weeks or 
more and who reside in each State as compared to the total 
number of such individuals in all the States. 
(c) The Secretary shall make available the sums reserved under 
subsection (a) for the purpose of providing training, retraining, job 
search assistance, placement, relocation assistance, and other aid 
(including any activity authorized by section 303) to individuals who 
are affected by mass layoffs, natural disasters. Federal Government 
actions (such as relocations of Federal facilities), or who reside in 
areas of high unemplojmient or designated enterprise zones. In 
order to qu^ify for assistance from funds reserved by the Secretary 
under subsection (a), a State shall, in accordance with regulations 
promulgated by the Secretary establishing criteria for awarding 
assistance from such funds, submit an application identifying the 
need for such assistance and the tjrpes of, and projected results 
expected from, activities to be conducted with such funds. 
(d) The Secretary is authorized to reallot any amount of any 
allotment to a State to the extent that the Secretary determines 
that the State will not be able to obligate such amount within one 
year of allotment. 
Funds, 
allocation. 
"Excess 
number." 
Funding 
application, 
submittal. 
IDENTIFICATION OP DISLOCATED WORKERS 
SEC. 302. (a) Each State is authorized to establish procedures to 2
9 use 1652. 
identify substantial groups of eligible individuals who— 
(1) have been terminated or laid-off or who have received a 
notice of termination or lay-off from emplojnnent, are eligible 
for or have exhausted their entitlement to unemplo3niient com-
pensation, and are unlikely to return to their previous industry 
or occupation; 
(2) have been terminated, or who have received a notice of 
termination of emplojnnent, as a result of any permanent clo-
sure of a plant or facility; or 
(3) are long-term unemployed and have limited opportunities 
for employment or reemplojonent in the same or a similar 
occupation in the area in which such individuals reside, includ-
ing any older individuals who may have substantial barriers to 
employment by reason of age. 
96 STAT. 1366 
PUBLIC LAW 97-300—OCT. 13, 1982 
(b) The State may provide for the use of the private industry 
councils established under title I of this Act to assist in making the 
identification established under subsection (a). 
(cXD Whenever a group of eligible individuals is identified under 
subsection (a), the State, with the assistance of the private industry 
council, shall determine what, if any, job opportunities exist within 
the local labor market area or outeide the labor market area for 
which such individuals could be retrained. 
(2) The State shall determine whether training opportunities for 
such emplo3mient opportunities exist or could be provided within 
the local labor market area. 
(d) Whenever training opportunities pursuant to subsection (c) are 
identified, information concerning the opportunities shall be made 
available to the individuals. The acceptance of training for such 
opportunities shall be deemed to be acceptance of training with the 
approval of the State within the meaning of any other provision of 
Federal law relating to unemployment benefits. 
AUTHORIZED ACnVITIES 
2
9 use 1653. 
SEC. 303. (a) Financial assistance provided to States under this 
title may be used to assist eligible individuals to obtain unsubsidized 
employment through training and related employment services 
which may include, but are not limited to— 
(1) job search assistance, including job clubs, 
(2) job development, 
(3) training in jobs skills for which demand exceeds supply, 
(4) supportive services, including commuting assistance and 
financial and personal counseling, 
(5) pre-layoff assistance, 
(6) relocation assistance, and 
(7) programs conducted in cooperation with employers or 
labor organizations to provide early intervention in the event of 
closures of plants or facilities. 
O
t
>
) Relocation assistance may be provided if the State determines 
(1) that the individual cannot obtain employment within the individ-
ual's commuting area, and (2) that the individual has secured 
suitable long-duration employment or obtained a bona fide job offer 
in a relocation area in a State. 
MATCHING REQUIREMENT 
29 use 1654. 
SEC. 304. (aXD In order to qualify for financial assistance under 
this title, a State shall demonstrate, to the satisfaction of the 
Secretary, that it will expend for purposes of services assisted under 
this title, an amount from public or private non-Federal sources 
equal to the amount made available to that State under section 
301(b). 
(2) Whenever the average rate of unemployment for a State is 
higher than the average rate of unemployment for all States, the 
non-Federal matching funds described in paragraph (1) required to 
be provided by such State for that fiscal year shall be reduced by 10 
percent for each 1 percent, or portion thereof, by which the average 
rate of unemployment for that State is greater than the average 
rate of unemplo5anent for all States. 
(3) The Secretary shall determine the average rate of unemploy-
ment for a State and the average rate of unemployment for all 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1367 
States for each fiscal year on the basis of the most recent twelve-
month period prior to that fiscal year, 
(b)(1) Such non-Federal matching funds shall include the direct 
cost of employment or training services under this title provided by 
State or local programs (such as vocational education), private 
nonprofit organizations, or private for-profit employers. 
(2) Funds expended from a State fund to provide unemployment 
insurance benefits to an eligible individual for purposes of this title 
and who is enrolled in a program of training or retraining under 
this title may be credited for up to 50 percent of the funds required 
to be expended from non-Federal sources as required by this section. 
PROGRAM REVIEW 
SEC. 305. Except for programs of assistance operated on a 2
9 use 1655 
statewide or industry-wide basis, no program of assistance con-
ducted with funds made available under this title may be operated 
within any service delivery area without a 30-day period for review 
and recommendation by the private industry council and appropri-
ate chief elected official or officials for such area. The State shall 
consider the recommendation of such private industry council and 
chief elected official or officials before granting finsd approval of 
such program, and in the event final approval is granted contrary to 
such recommendation, the State shall provide the resisons therefor 
in writing to the appropriate private industry council and chief 
elected official or officials. 
CONSULTATION WITH LABOR ORGANIZATIONS 
SEC. 306. Any assistance program conducted with funds made 2
9 use 1656. 
available under this title which will provide services to a substantial 
number of members of a labor organization shall be established only 
after full consultation with such labor organization. 
UMITATIONS 
SEC. 307. (a) Except as provided in subsection (b), there shall be 2
9 use 1657. 
available for supportive services, wages, allowances, stipends, and 
costs of administration, not more than 30 percent of the Federal 
funds available under this title in each State. 
(b) The funds to which the limitation described in subsection (a) 
applies shall not include the funds referred to in section 301(a). In no 
event shall such limitation apply to more than 50 percent of the 
total amount of Federal and non-Federal funds available to a 
program. 
STATE PLANS; COORDINATION WITH OTHER PROGRAMS 
SEC. 308. Any State which desires to receive financial assistance 2
9 use 1658. 
under this title shall submit to the Secretary a plan for the use of 
j 
such assistance which shall include appropriate provisions for the 
/ 
coordination of programs conducted with such assistance, as 
/ 
described in section 121, low-income weatherization and other 
/ 
energy conservation programs, and social services. 
/ 
97-200 O—84—pt. 1 
45 : QL3 
96 STAT. 1368 
PUBLIC LAW 97-300—OCT. 13, 1982 
TITLE IV-FEDERALLY ADMINISTERED PROGRAMS 
PART A—EMPLOYMENT AND TRAINING PROGRAMS FOR NATIVE 
AMERICANS AND MIGRANT AND SEASONAL FARMWORKERS 
NATIVE AMERICAN PROGRAMS 
29 use 1671. 
SEC. 401. (a) The Congress finds that (1) serious unemployment 
and economic disadvantages exist among members of Indian, Alas-
kan Native, and Hawaiian Native communities; (2) there is a com-
pelling 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 disadvan-
tages among individual members of those communities and to the 
advancement of economic and social development in the communi-
ties consistent with their goals and lifestyles. 
Ot)) 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 pro-
grams 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 m£iximize the Federal commitment to support growth 
and development as determined by representatives of the communi-
ties and groups served by this section. 
(c)(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 Act, Alaska Native villages or 
43 use 1601 
groups as defined in the Alaska Native Claims Settlement Act, 
"°*®- 
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 employ-
ment and training needs of Hawaiian natives through such organi-
zations as the Secretary determines will best meet their needs. 
(2) In carrying out responsibilities under this section, the Secre-
tary shall make arrangements with organizations (meeting require-
ments 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) Whenever the Secretary determines not to utilize Indian 
tribes, bands, or groups for the provision of employment and train-
ing services under this section, the Secretary shall, to the maximum 
extent feasible, enter into arrangements for the provision of such 
services with organizations which meet with the approval of the 
tribes, bands, or groups to be served. 
(e) The Secretary is directed to take appropriate action to estab-
lish administrative procedures and machinery (including personnel 
having particular competence in this field) for the selection, admin-
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1369 
istration, monitoring, and evaluation of Native American employ-
ment and training programs authorized under this Act. 
(f) Funds available for this section shall be expended for programs 
and activities consistent with the purposes of this section including 
but not limited to such programs and activities carried out by 
recipients under other provisions of this Act. 
(g) No provision of this section shall abrogate in any way the trust 
responsibilities of the Federal Government to Native American 
bands, tribes, or groups. 
(h)(1) The Secretary shall, after consultation with representatives 
of Indians and other Native Americans, prescribe such rules, regula-
tions, and performance standards relating to Native American pro-
grams under this section as may be required to meet the special 
circumstances under which such programs operate. 
(2) Recipients of funds under this section shall establish perform-
ance goals, which shall, to the extent required by the Secretary, 
comply with performance standards established by the Secretary 
pursuant to section 108. 
(i) The Secretary shall provide technical assistance as necessary to 
tribes, bands, and groups eligible for assistance under this section. 
(j) For the purpose of carrying out this section, the Secretary shall 
reserve, from funds available for this title (other than part B) for 
any fiscal year, an amount equal to 3.3 percent of the amount 
available for part A of title II of this Act for such fiscal year. 
Rules, 
regulations and 
performance 
standards. 
Performance 
goals. 
Technical 
assistance. 
MIGRANT AND SEASONAL FARMWORKER PROGRAMS 
SEC. 402. (a) The Congress finds and declares that— 
(1) chronic seasonal unemployment and underemplo5mient in 
the agricultural industry, aggravated by continual advance-
ments in technology and mechanization resulting in displace-
ment, constitute a substantial portion of the Nation's rural 
emplo5mient problem and substantially affect the entire 
national economy; and 
(2) because of farmworker emplo3mient and training prob-
lems, such programs shall be centrally administered at the 
national level. 
O
t
>
) The Secretary is directed to take appropriate action to estab-
lish administrative procedures and machinery (including personnel 
having particular competence in this field) for the selection, admin-
istration, monitoring, and evaluation of migrant and seasonal em-
ployment and training programs authorized under this Act. 
(cXl) The Secretary shall provide services to meet the emplo3niient 
and training needs of migrant and seasonal farmworkers through 
such public agencies and private nonprofit organizations as the 
Secretary determines to have an understamding 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 mi-
grant 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 Secretary may approve the designation of grantees under 
this section for a period of two years. 
(3) Programs and activities supported under this section, including 
those carried out under other provisions of this Act, shall enable 
29 u s e 1672. 
Grants or 
contracts. 
96 STAT. 1370 
PUBLIC LAW 97-300—OCT. 13, 1982 
farmworkers and their dependents to obtain or retain emplo3niient, 
to participate in other program activities leading to their eventual 
placement in unsubsidized agricultural or nonagricultural employ-
ment, and to participate in activities leading to stabilization in 
agricultural employment, and shall include related assistance and 
supportive services. 
Performance 
(4) Recipients of funds under this section shall establish perform-
^°^^' 
ance goals, which shall, to the extent required by the Secretary, 
comply with performance standards established by the Secretary 
pursuant to section 103. 
(5) No programs and activities supported under this section shall 
preclude assistance to farmworkers under any other provision of 
this Act. 
(d) In administering programs under this section, the Secretary 
shall consult with appropriate State and local officials. 
(e) The Secretary is directed to take appropriate action to estab-
lish administrative procedures and machinery (including personnel 
having particular competence in this field) for the selection, admin-
istration, monitoring, and evaluation of migrant and seasonal farm-
worker's employment and training programs authorized under this 
Act. 
(f) For the purpose of canying out this section, the Secretary shall 
reserve, from funds available for this title (other than part B) for 
any fiscal year, an amount equal to 8.2 percent of the amount 
available for part A of title II of this Act for such fiscal year. 
PART B—JOB CORPS 
STATEMENT OF PURPOSE 
29 use 1691. 
SEC. 421. This part maintains a Job Corps for economically disad-
vantaged young men and women which shall operate exclusively as 
a distinct national program, sets forth standards and procedures for 
selecting individuals as enroUees in the Job Corps, authorizes the 
establishment of residential and nonresidential centers in which 
enroUees will participate in intensive programs of education, voca-
tional training, work experience, counseling and other activities, 
and prescribes various other powers, duties, and responsibilities 
incident to the operation and continuing development of the Job 
Corps. The purpose of this part is to assist young individuals who 
need and can benefit from an unusually intensive program, operated 
in a group setting, to become more responsible, employable, and 
productive citizens; emd to do so in a way that contributes, where 
feasible, to the development of national. State, and community 
resources, and to the development and dissemination of techniques 
for working with the disadvantaged that can be widely utilized by 
public and private institutions and agencies. 
ESTABLISHMENT OF THE JOB CORPS 
29 use 1692. 
SEC. 422. There shall be within the Department of Labor a "Job 
Corps". 
INDIVIDUALS ELIGIBLE FOR THE JOB CORPS 
29 use 1693. 
SEC. 423. To become an enroUee in the Job Corps, a young man or 
woman must be an eligible youth who— 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1371 
(1) has attained age 14 but not attained age 22 at the time of Waiver. 
enrollment, except that such maximum age limitation may be 
waived, in accordance with regulations of the Secretary, in the 
case of any handicapped individual; 
(2) is economically disadvantaged or is a member of a family 
which is economically disadvantaged, and who requires addi-
tional education, training, or intensive counseling and related 
assistance in order to secure and hold meaningful employment, 
participate successfully in regular school work, qualify for other 
suitable 
training 
programs, or 
satisfy 
Armed 
Forces 
requirements; 
(3) is currently living in an environment so characterized by 
cultural deprivation, a disruptive homelife, or other disorient-
ing conditions as to substantially impair prospects for successful 
participation in other programs providing needed training, edu-
cation, or assistance; 
(4) is determined, after careful screening as provided for in 
sections 424 and 425 to have the present capabilities and aspira-
tions needed to complete and secure the full benefit of the Job 
Corps and to be free of medical and behavioral problems so 
serious that the individual could not adjust to the standards of 
conduct, discipline, work, and training which the Job Corps 
involves; and 
(5) meets such other standards for enrollment as the Secre-
tary may prescribe and agrees to comply with all applicable Job 
Corps rules and regulations. 
SCREENING AND SELECTION OF APPUCANTS: GENERAL PROVISIONS 
Standards and 
procedures. 
29 u s e 1694. 
SEC. 424. (a) The Secretary shall prescribe specific standards and 
procedures for the screening and selection of applicants for the Job 
Corps. To the extent practicable, these rules shall be implemented 
through arrangements with agencies and organizations such as 
community action agencies, public employment offices, entities ad-
ministering programs under title II of this Act, professional groups, 
labor organizations, and agencies and individuals having contact 
with youth over substantial periods of time and able to offer reliable 
information as to their needs and problems. The rules shall provide 
for necessary consultation with other individuals and organizations, 
including court, probation, parole, law enforcement, education, wel-
fare, and medical authorities and advisers. The rules shall also 
provide for the interviewing of each applicant for the purpose o
f
— 
(1) determining whether the applicant's educational and voca-
tional needs can best be met through the Job Corps or an 
alternative program in the applicant's home community; 
(2) obtaining from the applicant pertinent data relating to 
background, needs, and interests for determining eligibility and 
potential assignment; and 
(3) giving the applicant a full understanding of the Job Corps 
and what will be expected of an enroUee in the event of 
acceptance. 
(b) The Secretary is authorized to make payments to individuals Payments. 
and organizations for the cost of the recruitment, screening, and 
selection of candidates, as provided for in this part. The Secretary 
shall make no payments to any individual or organization solely as 
compensation for referring the names of candidates for Job Corps. 
96 STAT. 1372 
PUBLIC LAW 97-300—OCT. 13, 1982 
Rural areas, 
selection. 
(c) The Secretary shall assure that Job Corps enroUees include an 
appropriate number of candidates selected from rural areas, taking 
into account the proportions of eligible youth who reside in rural 
areas and the need to provide residential facilities for such youth. 
SCREENING AND SELECTION: SPECIAL UMITATIONS 
2
9 use 1695. 
SEC. 425. (a) No individual shall be selected as an enroUee unless 
there is reasonable expectation that the individual can participate 
successfully in group situations and activities, is not likely to engage 
in behavior that would prevent other enroUees from receiving the 
benefit of the program or be incompatible with the maintenance of 
sound discipline and satisfactory relationships between the center to 
which the individual might be assigned and surrounding communi-
ties, and unless the individual manifests a basic understanding of 
both the rules to which the individual will be subject and of the 
consequences of failure to observe those rules. 
(b) An individual on probation or parole may be selected only if 
release from the supervision of the probation or parole officials is 
satisfactory to those officials and the Secretary and does not violate 
applicable laws or regulations. No individual shall be denied a 
position in the Job Corps solely on the basis of that individual's 
contact with the criminal justice system. 
ENROLLMENT AND ASSIGNMENT 
29 use 1696. 
SEC. 426. (a) No individual may be enrolled in the Job Corps for 
more than two years, except in any case in which completion of an 
advanced career program under section 428 would require an indi-
vidual to participate in excess of two years, or except as the Secre-
tary may authorize in special cases. 
(b) Enrollment in the Job Corps shall not relieve any individual of 
obligations under the Military Selective Service Act (50 U.S.C. App. 
451 et seq.). 
Waiver. 
(c) After the Secretary has determined that an enroUee is to be 
assigned to a Job Corps center, the enroUee shall be assigned to the 
center which is closest to the enroUee's home, except that the 
Secretary may waive this requirement for good cause, including to 
ensure an equitable opportunity for youth from various sections of 
the Nation to participate in the program, to prevent undue delays in 
assignment, to adequately meet the educational or other needs of an 
enroUee, and for efficiency and economy in the operation of the 
program. 
JOB CORPS CENTERS 
2
9 use 1697. 
SEC. 427. (a)(1) The Secretary may make agreements with Federal, 
State, or local agencies, including a State board or agency designat-
ed pursuant to section 104(a)(1) of the Vocational Education Act of 
2
0 use 2304. 
1963 which operates or wishes to develop area vocational education 
school faculties or residential vocational schools (or both) as author-
ized by such Act, or private organizations for the establishment and 
operation of Job Corps centers. Job Corps centers may, subject to 
paragraph (2), be residential or nonresidential in character, or both, 
and shall be designed and operated so as to provide enroUees, in a 
well-supervised setting, with education, vocational training, work 
experience (either in direct program activities or through arrange-
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1373 
merits with employers), counseling, and other services appropriate 
to their needs. The centers shall include Civilian Conservation 
Centers, located primarily in rural areas, which shall provide, in 
addition to other training and assistance, programs of work experi-
ence to conserve, develop, or manage public natural resources or 
public recreational areas or to develop community projects in the 
public interest. The centers shall also include training centers 
located in either urban or rural areas which shall provide activities 
including training and other services for specific types of skilled or 
semiskilled employment. 
(2) In any year, not more than 10 percent of the individuals 
enrolled in the Job Corps may be nonresidential participants. 
0^) To the extent feasible. Job Corps centers shall offer education 
and vocational training opportunities, together with supportive 
services, on a nonresidential basis to participants in other programs 
under this Act. Such opportunities may be offered on a reimbursable 
basis or through such other arrangements as the Secretary may 
specify. 
PROGRAM ACTIVITIES 
SEC. 428. (a) Each Job Corps center shall provide enrollees with an 29 use 1698. 
intensive, well-organized, and fully supervised program of educa-
tion, vocational training, work experience, planned vocational and 
recreational activities, physical rehabilitation and development, and 
counseling. To the fullest extent feasible, the required program shall 
include activities to assist enrollees in choosing realistic career 
goals, coping with problems they may encounter in home communi-
ties, or in adjusting to new communities, and planning and manag-
ing their daily affairs in a manner that will best contribute to 
long-term upward mobility. Center programs shall include required 
participation in center maintenance work to assist enrollees in 
increasing their sense of contribution, responsibility, and discipline. 
(b) The Secretary may arrange for enroUee education and voca-
tional training through local public or private educational agencies, 
vocational educational institutions, or technical institutes, when-
ever such institutions prcvdde training substantially equivalent in 
cost and quality to that which the Secretary could provide through 
other means. 
(c) To the extent feasible, arrangements for education, both at the 
center and at other locations, shall provide opportunities for quali-
fied enrollees to obtain the equivalent of a certificate of graduation 
from high school. The Secretary, with the concurrence of the Secre-
tary of Education, shall develop certificates to be issued to each 
enrollee who satisfactorily completes service in the Job Corps and 
which will reflect the enroUee's level of educational attainment. 
(dXD The Secretary may arrange for programs of advanced career 
training for selected Corps enrollees in which they may continue to 
participate for a period not to exceed one year in addition to the 
period of participation to which Corps enrollees would otherwise be 
limited. 
(2) Advanced career training may be provided for in postsecondary 
institutions for Corps enrollees who have attained a high school 
diploma or its equivalent, have demonstrated commitment and 
capacity in their previous Job Corps participation, and have an 
identified occupational goal. 
Certificates of 
educational 
attainment. 
Advanced career 
training. 
96 STAT. 1374 
PUBLIC LAW 97-300—OCT. 13, 1982 
(3) The Secretary may contract with private for-profit businesses 
and labor unions to provide intensive training in company-spon-
sored training programs, combined with internships in work 
settings. 
(4) During the period of participation in advanced career training 
programs, Corps enroUees shall be eligible for full Job Corps benefits 
or a monthly stipend equal to the average value of residential 
support, food, allowances, and other benefits in residential Job 
Corps centers, except that the total amount for which an enrollee 
shall be eligible shall be reduced by the amount of any scholarship 
or other educational grant assistance received by such enrollee. 
(5) After an initial period of time, determined to be reasonable by 
the Secretary, any Job Corps center seeking to enroll new Corps 
enroUees 
in 
any 
advanced 
career 
training 
program 
shall 
demonstrate that such program has achieved a reasonable rate of 
completion and placement in training-related jobs before such new 
enrollments may occur. 
29 u s e 1699. 
Enrollment, 
termination. 
Readjustment 
allowance. 
ALLOWANCES AND SUPPORT 
SEC. 429. (a) The Secretary shall provide enroUees with such 
personal, travel, and leave allowances, and such quarters, subsist-
ence, transportation, equipment, clothing, recreational services, and 
other expenses as he may deem necessary or appropriate to their 
needs. For the fiscal year ending September 30, 1983, personal 
allowances shall be established at a rate not to exceed $65 per 
month during the first six months of an enroUee's participation in 
the program and not to exceed $110 per month thereafter, except 
that allowances in excess of $65 per month, but not exceeding $110 
per month, may be provided from the beginning of an enrollee's 
participation if it is expected to be of less than six months' duration 
and the Secretary is authorized to pay personal allowances in excess 
of the rates specified in this subsection in unusual circumstances as 
determined by him. Such allowances shall be graduated up to the 
maximum so as to encourage continued participation in the pro-
gram, achievement and the best use by the enrollee of the funds so 
provided and shall be subject to reduction in appropriate cases as a 
disciplinary measure. To the degree reasonable, enroUees shall be 
required to meet or contribute to costs associated with their individ-
ual comfort and enjoyment from their personal allowances. 
Ot)) The Secretary shall prescribe rules governing the accrual of 
leave by enroUees. Except in the case of emergency, he shall in no 
event assume transportation costs connected with leave of any 
enrollee who has not completed at least six months' service in the 
Job Corps. 
(c) The Secretary may provide each former enrollee upon termina-
tion, a readjustment allowance at a rate not to exceed, for the fiscal 
year ending September 30,1983, $110 for each month of satisfactory 
participation in the Job Corps. No enrollee shall be entitled to a 
readjustment allowance unless he has remained in the program at 
least 90 days, except in unusual circumstances £is determined by the 
Secretary. The Secretary may, from time to time, advance to or on 
behalf of an enrollee such portions of his readjustment allowances 
as the Secretary deems necessary to meet extraordinary financial 
obligations incurred by that enrollee. The Secretary is authorized, 
pursuant to rules or regulations, to reduce the amount of an enroll-
ee's readjustment allowance as a penalty for misconduct during 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1375 
participation in the Job Corps. In the event of an enrollee's death 
during his period of service, the amount of any unpaid readjustment 
allowance shall be paid in accordance with the provisions of section 
5582 of title 5, United States Code. 
(d) Such portion of the readjustment allowance as prescribed by 
the Secretary may be paid monthly during the period of service of 
the enrollee directly to a spouse or child of an enroUee, or to any 
other relative who draws substantial support from the enrollee, and 
any amount so paid shall be supplemented by the payment of an 
equal amount by the Secretary. 
STANDARDS OF CONDUCT 
SEC. 430. (a) Within Job Corps centers standards of conduct shall 29 use 1700. 
be provided and stringently enforced. If violations are committed by 
enrollees, dismissal from the Corps or transfers to other locations 
shall be made if it is determined that their retention in the Corps, or 
in the particular center, will jeopardize the enforcement of such 
standards or diminish the opportunities of other enrollees. 
O
b
) To promote the proper moral and disciplinary conditions in the 
JOID Corps, the directors of Job Corps centers shall take appropriate 
disciplinary measures against enrollees, including dismissal from 
the Job Corps, subject to expeditious appeal to the Secretary. 
COMMUNITY PARTICIPATION 
SEC. 431. The Secretary shall encourage and cooperate in activi- 29 use I70i. 
ties to establish a mutually beneficial relationship between Job 
Corps centers and nearby communities. These activities shall 
include the establishment of community advisory councils to provide 
a mechanism for joint discussion of common problems and for plan-
ning programs of mutual interest. Youth shall be represented on the 
advisory council and separate youth councils may be established 
composed of enrollees and young people from the communities. The 
Secretary shall assure that each center is operated with a view to 
achieving, so far as possible, objectives which shall include— 
(1) giving community officials appropriate advance notice of 
changes in center rules, procedures, or activities that may affect 
or be of interest to the community; 
(2) affording the community a meaningful voice in center 
affairs of direct concern to it, including policies governing the 
issuance and terms of passes to enrollees; 
(3) providing center officials with full and rapid access to 
relevant community groups and agencies, including law enforce-
ment agencies and agencies which work with young people in 
the community; 
(4) encouraging the fullest practicable participation of enroll-
ees in programs for community improvement or betterment, 
with appropriate advance consultation with business, labor, 
professional, and other interested community groups; 
(5) arranging recreational, athletic, or similar events in which 
enrollees and local residents may participate together; 
(6) providing community residents with opportunities to work 
with enrollees directly as part-time instructors, tutors, or advis-
ers, either in the center or in the community; 
(7) developing, where feasible, job or career opportunities for 
enrollees in the community; and 
97-200 O—84—pt. 1 
46 : QL3 
96 STAT. 1376 
PUBLIC LAW 97-300—OCT. 13, 1982 
(8) promoting interchanges of information and techniques 
among, and cooperative projects involving, the center and com-
munity schools and libraries, educational institutions, agencies 
serving young people £md recipients of funds under this Act. 
COUNSEUNG AND JOB PLACEMENT 
29 use 1702. 
SEC. 432. (a) The Secretary shall counsel and test each enroUee at 
regular intervals to measure progress in educational and vocational 
programs. 
(b) The Secretary shall counsel and test enroUees prior to their 
scheduled terminations to determine their capabilities and shall 
make every effort to place them in jobs in the vocation for which 
they are trained or to assist them in attaining further training or 
education. In placing enroUees in jobs, the Secretary shall utilize the 
public employment service system to the fullest extent possible. 
(c) The Secretary shall determine the status and progress of 
enroUees scheduled for termination and make every effort to assure 
that their needs for further education, training, and counseling are 
met. 
(d) The Secretary shall arrange for the readjustment allowance to 
be paid to former enroUees (who have not already found employ-
ment) at the State employment service office nearest the home of 
any such former enroUee who is returning home, or at the nearest 
such office where the former enroUee has indicated an intent to 
reside. If the Secretary uses any other public agency or private 
organization in lieu of the public emplojnnent service system, the 
Secretary shall arrange for that organization or agency to pay the 
readjustment allowance. 
EXPERIMENTAL AND DEVELOPMENTAL PROJECTS AND COORDINATION 
WITH OTHER PROGRAMS 
29 use 1703. 
SEC. 433. (aXD The Secretary is authorized to undertake experi-
mental, research, or demonstration projects to develop or test ways 
of better using facilities, encouraging a more rapid adjustment of 
enroUees to community life that will permit a reduction in their 
period of enrollment, reducing transportation and support costs, or 
otherwise promoting greater efficiency and effectiveness in the 
program. These projecte shall include one or more projects providing 
youth with education, training, and other supportive services on a 
combined residential and nonresidential basis. 
(2) The Secretary is authorized to undertake one or more pilot 
projects designed to determine the value of Job Corps participation 
for young adults aged 22 to 24, inclusive. 
(3) The Secretary is authorized to undertake one or more pilot 
projects designed to involve youth who have a history of serious and 
violent behavior against persons or property, repetitive delinquent 
acts, narcotics addiction, or other behavioral aberrations. 
(4) Projects under this subsection shall be developed after appro-
priate consultation with other Federal or State agencies conducting 
similar or related programs or projects and with the administrative 
entity in the communities where the projects will be carried out. 
They may be undertaken jointly with other Federal or federally 
assisted programs, and funds otherwise available for activities under 
those programs shall, with the consent of the head of any agency 
concerned, be available for projects under this section to the extent 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1377 
they include the same or substantially similar activities. The Secre- Waiver. 
tary is authorized to waive any provision of this part which the 
Secretary finds would prevent the carrying out of elements of 
projects under this subsection essential to a determination of their 
feasibility and usefulness. The Secretary shall, in the annual report Report to 
of the Secretary, report to the Congress concerning the actions Congress. 
taken under this section, including a full description of progress 
made in connection with combined residential and nonresidential 
projects. 
(b) In order to determine whether upgraded vocational education 
schools could eliminate or substantially reduce the school dropout 
problem, and to demonstrate how communities could make maxi-
mum use of existing educational and training facilities, the Secre-
tary, in cooperation with the Secretary of Education, is authorized 
to enter into one or more agreements with State educational agen-
cies to pay the cost of establishing and operating model community 
vocational education schools and skill centers. 
(c)(1) The Secretary, through the Job Corps and activities author-
ized under sections 452 and 455, shall develop and implement 
activities designed to disseminate information gained from Job 
Corps program experience which may be of use in the innovation 
and improvement of related programs. To carry out this purpose, 
the Secretary may enter into appropriate arrangements with any 
Federal or State agency. 
(2) The Secretary is authorized to develop Job Corps programs to 
test at various centers the efficacy of selected education or training 
activities authorized under this or any other Act and to appro-
priately disseminate the results of such tests. To carry out this 
purpose, the Secretary may enter into appropriate arrangements 
with any Federal or State agency. 
(d) The Secretary is authorized to enter into appropriate arrange- Pilot projects 
ments with the Secretary of Defense for the development of pilot 
projects at Job Corps centers to prepare youth to qualify for military 
service. In the event that the Secretary of Labor and the Secretary 
of Defense agree that such pilot projects should be expanded into 
permanent programs, the Secretary may establish such permanent 
programs within the Job Corps, if the Secretary of Defense agrees (1) 
to provide 50 percent of the costs attributable to such permanent 
programs, and (2) to reimburse the Secretary of Labor for an addi-
tional amount if more than 50 percent of the enroUees in such 
programs become members of the Armed Forces. Such additional 
amount shall be equal to a percentage of such costs which is the 
percentage by which more than 50 percent of such enroUees become 
such members. In addition to the provision of funds, such reimburse-
ment may include the provision of equipment, materials, transporta-
tion, technical assistance, or other assistance, as specified by the 
Secretary. 
(e) In order to determine whether community participation as 
required under section 431 can be improved through the closer 
involvement of community-based organizations, the Secretary is 
authorized to undertake one or more pilot projects utilizing commu-
nity-bsised organizations of demonstrated effectiveness for Job Corps 
center operation. For purposes of such pilot projects, the term 
"community-based organizations" may include nonprofit educa-
tional foundations organized on a State or local basis. 
Reimbursement. 
"Community-
based 
organizations." 
96 STAT. 1378 
PUBLIC LAW 97-300—OCT. 13, 1982 
ADVISORY BOARDS AND COMMITTEES 
29 use 1704. 
SEC. 434. The Secretary is authorized to make use of advisory 
committees in connection with the operation of the Job Corps, and 
the operation of Job Corps centers, whenever the Secretary deter-
mines that the availability of outside advice and counsel on a 
regular basis would be of substantial benefit in identifying and 
overcoming problems, in planning program or center development, 
or in strengthening relationships between the Job Corps and agen-
cies, institutions, or groups engaged in related activities. 
29 u s e 1705. 
Limitation. 
Federal 
employment. 
29 u s e 1706. 
5 u s e 8101 et 
seq. 
"Employee." 
PARTICIPATION OF THE STATES 
SEC. 435. (a) The Secretary shall take action to facilitate the 
effective participation of States in the Job Corps programs, 
including consultation with appropriate State agencies on matters 
pertaining to the enforcement of applicable State laws, standards of 
enroUee conduct and discipline, development of meaningful work 
experience and other activities for enrollees, and coordination with 
State-operated programs. 
(b) The Secretary is authorized to enter into agreements with 
States to assist in the operation or administration of State-operated 
programs which carry out the purpose of this part. The Secretary is 
authorized, pursuant to regulations, to pay part or all of the costs of 
such programs to the extent such costs are attributable to carrjdng 
out the purpose of this part. 
(c) No Job Corps center or other similar facility designed to carry 
out the purpose of this part shall be established within a State 
unless a notice setting forth such proposed establishment has been 
submitted to the Governor, and the establishment has not been 
disapproved by the Governor within thirty days of such submission. 
(d) All property which would otherwise be under exclusive Federal 
legislative jurisdiction shall be under concurrent jurisdiction with 
the appropriate State and locality with respjBct to criminal law 
enforcement as long as a Job Corps center is operated on such 
property. 
APPUCATION OF PROVISIONS OF FEDERAL LAW 
SEC. 436. (a) Except as otherwise provided in this subsection and in 
section 8143(a) of title 5, United States Code, enrollees in the Job 
Corps shall not be considered Federal employees and shall not be 
subject to the provisions of law relating to Federal employment, 
including those regarding hours of work, rates of compensation, 
leave, unemployment compensation, and Federal employee benefits: 
(1) For purposes of the Internal Revenue Code of 1954 (26 
U.S.C. 1 et seq.) and title II of the Social Security Act (42 U.S.C. 
401 et seq.) enrollees shall be deemed employees of the United 
States and any service performed by an individual as an 
enroUee shall be deemed to be performed in the employ of the 
United States. 
(2) For purposes of subchapter I of chapter 81 of title 5, United 
States Code (relating to compensation to Federal employees for 
work injuries), enrollees shall be deemed civil employees of the 
United States within the meaning of the term employee" as 
defined in section 8101 of title 5, United States Code, and the 
provisions of that subchapter shall apply except— 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1379 
(A) the term "performance of duty" shall not mclude any 
act of an enroUee while absent from the assigned post of 
duty of such enrollee, except while participating in an 
activity (including an activity while on pass or during 
travel to or from such post or duty) authorized by or under 
the direction and supervision of the Job Corps; 
(B) in computing compensation benefits for disability or 
death, the monthly pay of an enrollee shall be deemed that 
received under the entrance salary for a grade GS-2 
employee, and sections 8113 (a) and (h) of title 5, United 
States Code, shall apply to enrollees; and 
(C) compensation for disability shall not begin to accrue 
until the day following the date on which the injured 
enrollee is terminated. 
(3) For purposes of the Federal tort claims provisions in title 
28, United States Code, enrollees shall be considered employees 
of the Government. 
(b) Whenever the Secretary finds a claim for damages to persons 
or property resulting from the operation of the Job Corps to be a 
proper charge against the United States, and it is not cognizable 
under section 2672 of title 28, United States Code, the Secretary is 
authorized to adjust and settle it in an amount not exceeding $1,500. 
(c) Personnel of the uniformed services who are detailed or 
assigned to duty in the performance of agreements made by the 
Secretary for the support of the Corps shall not be counted in 
computing strength under any law limiting the strength of such 
services or in computing the percentage authorized by law for any 
grade in such services. 
Performance 
duty. 
of 
Disability 
compensation. 
SPECIAL PROVISIONS 
SEC. 437. (a) The Secretary shall immediately take steps to achieve 
an enrollment of 50 percent women in the Job Corps consistent with 
(1) efficiency and economy in the operation of the program, (2) sound 
administrative practice, and (3) the socioeconomic, educational, and 
training needs of the population to be served. 
(b) The Secretary shall assure that all studies, evaluations, propos-
als, and data produced or developed with Federal funds in the course 
of the Job Corps program shall become the property of the United 
States. 
(c) Transactions conducted by private for-profit contractors for Job 
Corps centers which they are operating on behalf of the Secretary 
shall not be considered as generating gross receipts. 
Women 
enrollment. 
29 u s e 1707. 
GENERAL PROVISIONS 
SEC. 438. The Secretary is authorized to— 
(1) disseminate, with regard to the provisions of section 3204 
of title 39, United States Code, data and information in such 
forms as the Secretary shall deem appropriate, to public agen-
cies, private organizations, and the general public; 
(2) collect or compromise all obligations to or held by the 
Secretary and all legal or equitable rights accruing to the 
Secretary in connection with the payment of obligations until 
such time as such obligations may be referred to the Attorney 
General for suit or collection; and 
(3) expend funds made available for purposes of this part— 
29 u s e 1708. 
96 STAT. 1380 
PUBLIC LAW 97-300—OCT. 13, 1982 
(A) for printing and binding, in accordance with applica-
ble law and regulation; and 
(B) without regard to any other law or regulation, for rent 
of buildings and space in buildings and for repair, alter-
ation, and improvement of buildings and space in buildings 
rented by the Secretary, except that the Secretary shall not 
utilize the authority contained in this subparagraph— 
(i) except when necessary to obtain an item, service, 
or facility, which is required in the proper administra-
tion of this part, and which otherwise could not be 
obtained, or could not be obtained in the quantity or 
quality needed, or at the time, in the form or under the 
conditions in which it is needed; and 
(ii) prior to having given written notification to the 
Administrator of General Services (if the exercise of 
such authority would affect an activity which otherwise 
would be under the jurisdiction of the General Services 
Administration) of the Secretary's intention to exercise 
such authority, the item, service, or facility with 
respect to which such authority is proposed to be exer-
cised, and the reasons and justifications for the exercise 
of such authority. 
DONATIONS 
2
9 use 1709. 
SEC. 439. The Secretary is authorized to accept on behalf of the 
Job Corps or individual Job Corps centers charitable donations of 
cash or other assistance, including but not limited to, equipment and 
materials, if such donations are available for appropriate use for the 
purposes set forth in this part. 
PART C—VETERANS' EMPLOYMENT PROGRAMS 
PROGRAMS AUTHORIZED 
2
9 use 1721. 
SEC. 441. (aXD The Secretary shall conduct, directly or through 
grant or contract, programs to meet the emplojnnent and training 
needs of service-connected disabled veterans, veterans of the Viet-
nam era, and veterans who are recently separated from military 
service. 
(2) Programs supported under this part may be conducted through 
public agencies and private nonprofit organizations, including recip-
ients under other provisions of this Act that the Secretary deter-
mines have an understanding of the unemployment problems of 
such veterans, familiarity with the area to be served, and the 
capability to administer effectively a program of employment and 
training assistance for such veterans. 
(3) Programs supported under this part shall include, but not be 
limited to— 
(A) activities to enhance services provided veterans by other 
providers of employment and training services funded by 
Federal, State, or local government; 
(B) activities to provide employment and training services to 
such veterans not adequately provided by other public employ-
ment and training service providers; and 
(C) outreach and public information activities to develop and 
promote maximum job and job training opportunities for such 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1381 
veterans and to inform such veterans about employment, job-
training, on-the-job training and educational opportunities 
under this Act, under title 38, United States Code, and under 
other provisions of law, 
(bXD The Secretary shall administer programs supported under 
this part through the Assistant Secretary for Veterans' Employ-
ment. 
(2) In carr5dng out responsibilities under this part, the Assistant 
Secretary for Veterans' Emplo3anent shall— 
(A) be responsible for the awarding of grants and the distribu-
tion of funds under this part and for the establishment of 
appropriate fiscal controls, accountability, and program-per-
formance standards for grant recipients under this part; and 
(B) consult with the Administrator of Veterans' Affairs and 
take steps to ensure that programs supported under this part 
are coordinated, to the maximum extent feasible, with related 
programs and activities conducted under title 38, United States 
Code, including programs and activities conducted under sub-
chapter IV of chapter 3 of such title, chapters 31 and 34 of such 38 use 240,150i 
title, and sections 612A, 620A, 1787, and 2003A of such title. ^* ^%'o}^^^ ^* 
7 
» 
7 
ggq bl2A, 
620A, 1787, 
PART D—NATIONAL ACTIVITIES 
2003A. 
MULTISTATS PROGRAMS 
SEC. 451. (a) Funds available to carry out this section shall be used 29 use 1731. 
for job training programs or services (as authorized under any other 
provision of this Act) which are most appropriately administered at 
the national level and which are operated in more than one State. 
(b) Programs which are most appropriately administered at the 
national level include programs such as— 
(1) programs addressed to industry-wide skill shortages; 
(2) programs designed to train workers for employment oppor-
tunities located in another State; 
(3) regional or nationwide efforts to develop a labor force with 
skills that promote the use of renewable energy technologies, 
energy conservation, and the weatherization of homes occupied 
by low-income families; 
(4) programs designed to develop information networks among 
local programs with similar objectives under this Act; and 
(5) programs which require technical expertise available at 
the national level and which serve specialized needs of particu-
lar client groups, including offenders, individuals of limited 
English language proficiency, handicapped individuals, women, 
single parents, displaced homemakers, youth, older workers, 
individuals who lack education credentials, public assistance 
recipients, and other individuals whom the Secretary deter-
mines require special assistance. 
RESEARCH AND DEMONSTRATION 
SEC. 452. (a) To assist the Nation in expanding work opportunities 29 use 1732. 
and assuring access to those opportunities for all who desire it, the 
Secretary shall establish a comprehensive program of emplojonent 
and training research, utilizing the methods, techniques, and knowl-
edge of the behavioral and social sciences and such other methods, 
techniques, and knowledge as will aid in the solution of the Nation's 
96 STAT. 1382 
PUBLIC LAW 97-300—OCT. 13, 1982 
employment and training problems. The program under this section 
may include studies concerning the development or improvement of 
Federal, State, local, and privately supported employment and 
training programs; labor market processes and outcomes; policies 
and programs to reduce unemployment and the relationships there-
of with price stability and other national goals; productivity of labor; 
improved means of forecasting and using forecasts of labor supply 
and demand at the national and subnational levels; methods of 
improving the wages and emplo3nnent opportunities of low-skilled 
and disadvantaged workers; measuring and developing policies to 
eliminate worker shortages; and easing the transition from school to 
work, from transfer payment receipt to self-sufficiency, from one job 
to another, and from work to retirement. 
(b) The Secretary shall establish a program of experimental, 
developmental, and demonstration projects, through grants or con-
tracts, for the purpose of improving techniques and demonstrating 
the effectiveness of specialized methods in meeting employment and 
training problems. Research activities may include studies, experi-
ments, demonstrations, and pilot projects in such areas as easing the 
transition from school to work, assessing the changing demographics 
of the American work-force and addressing the short-term and long-
term impact of the changes, increasing employment of skilled work-
ers critical to defense readiness, and, subject to the last sentence of 
this subsection, projects developed in conjunction with the Secretary 
of Defense to meet civilian manpower needs on military installa-
tions and in the private sector, and eliminating artificial barriers to 
employment. The Secretary may pay not to exceed 60 percent of the 
costs of projects developed in conjunction with the Secretary of 
Defense described in the preceding sentence, and the contributions 
of the Department of Defense may be in cash or in kind, fairly 
evaluated, including plant, equipment, or services. 
PILOT PROJECTS 
2
9 use 1733. 
SEC. 453. (a) From funds made available under this part, the 
Secretary may provide financial assistance for pilot projects which 
meet the employment-related needs of persons including the handi-
capped and displaced homemakers who face particular disadvan-
tages in specific and general labor markets or occupations and other 
persons whom the Secretary determines require special assistance, 
and projects designed to address skill shortages that affect other 
critical national objectives, including national security. 
(b) Each pilot project assisted under this section shall be designed 
to assist in eliminating artificial and other employment barriers 
faced by such persons. 
(c) No project under this section shall be financially assisted for 
more than three years under this Act. 
Applications. 
(d) In Selecting recipients under this section, the Secretary shall 
give special consideration to applications submitted by community-
based organizations of demonstrated effectiveness, as well as to 
labor unions, and trade associations and their affiliates that address 
nationwide concerns through programs operating in more than one 
State. 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1383 
EVALUATION 
SEC. 454. (a) The Secretary shall provide for the continuing evalua- 
29 use 1734. 
tion of all programs, activities, and research and demonstration 
projects conducted pursuant to this Act, including their cost-effec-
tiveness in achieving the purposes of this Act, their impact on 
communities and participants, their implication for related pro-
grams, the extent to which they meet the needs of persons by age, 
sex, race, and national origin, and the adequacy of the mechanism 
for the delivery of services. 
(b) The Secretary shall evaluate the effectiveness of programs 
authorized under this Act and part C of title II of the Social Security 
Act with respect to the statutory goals, the performance standards 42 use 40i. 
established by the Secretary, and of increases in emplo3mient and 
earnings for participants, reduced income support costs, increased 
tax revenues, duration in training and emplojmient situations, infor-
mation on the post-enrollment labor market experience of program 
participants for at least a year following their termination from 
such programs, and comparable information on other employees or 
trainees of participating employers. 
TRAINING AND TECHNICAL ASSISTANCE 
SEC. 455. (a) The Secretary, in consultation with appropriate 
29 use 1735. 
officials, shall provide directly or through grants, contracts, or other 
arrangements, appropriate preservice and inservice training for 
specialized, supportive, supervisory, or other personnel, including 
job skills teachers, and appropriate technical assistance (including 
technical assistance to training programs for housing for migrant 
and seasonal farmworkers) with respect to programs under this Act, 
including the development and attainment of performance goals. 
Such activities may include the utilization of training and technical 
assistance capabilities which exist at the State and service delivery 
area level. 
(b) The Secretary shall establish a national clearinghouse to 
information 
disseminate materials and information gained from exemplary pro- disclosure. 
gram experience which may be of use in the innovation or improve-
ment of other programs conducted pursuant to this Act. 
PART E—LABOR MARKET INFORMATION 
LABOR M A R K E T INFORMATION; AVAILABILITY OF FUNDS 
SEC. 461. (a) The Secretary shall set aside, out of sums available to 
29 use 1751. 
the Department for any fiscal year including sums available for this 
title, such sums as may be necessary to maintain a comprehensive 
system of labor market information on a national, regional. State, 
local, or other appropriate basis, which shall be made publicly 
available in a timely fashion. 
(b) Funds available for purposes of this part shall also be available 
for purposes of section 125 (relating to State labor market 
information). 
(c) Notwithstanding any other provision of law, funds available to 
other Federal agencies for carrying out chapter 35 of title 44, United 
States Code, the Vocational Education Act of 1963, and the Act of 
44 use 350i et 
June 6, 1933 (popularly known as the Wagner-Peyser Act), may be 
lo^' ^gc 2301 
note; 
29 u s e 49 note. 
96 STAT. 1384 
PUBLIC LAW 97-300—OCT. 13, 1982 
made available by the head of each such agency to assist in canying 
out the provisions of this part. 
COOPERATIVE LABOR MARKET INFORMATION PROGRAM 
29 use 1752. 
SEC, 462. (a) The Secretary sh£dl develop and maintain for the 
Nation, State, and local areas, current employment data by occupa-
tion and industry, based on the occupational employment statistics 
program, including selected sample surveys, and projections by the 
Bureau of Labor Statistics of emplojmient and openings by 
occupation. 
(b) The Secretary shall maintain descriptions of job duties, train-
ing and education requirements, working conditions, and character-
istics of occupations. 
(c) In carr3dng out the provisions of this section, the Secretary 
shall assure that— 
(1) departmental data collecting and processing systems are 
consolidated to eliminate overlap and duplication; 
44 use 3501 et 
(2) the Criteria of chapter 35 of title 44, United States Code, 
*
*
^
" 
are met; and 
(3) standards of statistical reliability and national standard-
ized definitions of emplojnnent, unemployment, and industrial 
and occupational definitions are used. 
(dXD The Secretary is authorized to develop data for an annual 
statistical measure of labor market related economic hardship in the 
Nation. Among the factors to be considered in developing such a 
measure are unemployment, labor force participation, involuntary 
part-time employment, and full-time emplo5niient at wages less than 
the poverty level. 
(2) The Secretary is authorized to develop and maintain, on 
nation2d, State, local, and other appropriate bases, household budget 
data at different levels of living, including a level of adequacy, to 
reflect the differences of household living costs in regions and 
localities, both urban and rural. 
Report. 
(3) The Secretary shall publish, at least annually, a report relating 
labor force status to earnings and income. 
(e) The Secretary shall develop and maintain statistical data 
relating to permanent lay-offs and plant closings. The Secretary 
shall publish a report based upon such data, as soon as practicable, 
after the end of each calendar year. Among the data to be included 
are— 
(1) the number of such closings; 
(2) the number of workers displaced; 
(3) the location of the affected facilities; and 
(4) the t3Tpes of industries involved. 
SPECIAL FEDERAL RESPONSIBILITIES 
29 use 1753. 
SEC. 463. (a) The Secretary, in cooperation with the Secretary of 
Commerce, the Secretary of Defense, the Secretary of the Treasury, 
the Secretary of Education, and the Director of the Office of Man-
agement and Budget, through the National Occupational Informa-
tion Coordinating Committee established under section 161(b) of the 
20 use 2391. 
Vocational Education Act of 1963, shall— 
(1) review the need for and the application of all operating 
national data collection and processing systems in order to 
identify gaps, overlap, and duplications, and integrate at the 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1385 
national level currently available data sources in order to 
improve the management of information systems; 
(2) maintain, assure timely review, and implement national 
standardized definitions with respect to terms, geographic 
areas, timing of collection, and coding measures, to the maxi-
mum extent feasible; and 
(3) provide technical assistance to the States in the develop-
ment, maintenance, and utilization of labor market/occupa-
tional supply and demand information systems and projections 
of supply and demand as described in section 125, with special 
emphasis on assistance in the utilization of cost-efficient auto-
mated systems and improving access of individuals to career 
opportunities information in local and State labor markets. 
(b) The Secretary, in cooperation with the Secretary of Defense, 
shall assure the development of an integrated occupational supply 
and demand information system to be used by States and, in particu-
lar, in secondary and postsecondary educational institutions in 
order to assure young persons adequate information on career 
opportunities in the Armed Forces. 
(c) The Secretary and the Director of the Office of Management 
and Budget shall assure that, from the funds reserved for this part, 
sufficient funds are available to provide staff at the Federal level to 
assure the coordination functions described in this section. 
NATIONAL OCCUPATIONAL INFORMATION COORDINATING COMMITTEE 
SEC. 464. (aXD Of the amounts available for this part, not more 2
9 use 1754. 
than $5,000,000 is authorized to be reserved for the National Occu-
pational Information Coordinating Committee (established pursuant 
to section 161(b) of the Vocational Education Act of 1963). 
2
0 use 2391. 
(2) In addition to the members required by such Act, the Commit-
tee shall include the Assistant Secretary of Commerce for Economic 
Development and the Assistant Secretary of Defense for Manpower, 
Reserve Affairs, and Logistics. 
(3) Not less than 75 percent of the funds transferred by the 
Secretary to the National Occupational Information Coordinating 
Committee shall be used to support State occupational information 
coordinating committees and other organizational units designated 
under section 125 for carrying out State labor market information 
programs. 
(b) In addition to its responsibilities under the Vocational Educa-
tion Act of 1963, the National Occupational Information Coordinat-
ing Committee shall— 
(1) carry out the provisions of section 463; 
(2) give special attention to the labor market information 
needs of youth and adults, including activities such as (A) 
assisting and encouraging States to adopt methods of translat-
ing national occupational outlook information into State and 
local terms; (B) assisting and encouraging the development of 
State occupational information systems, including career infor-
mation delivery systems and the provision of technical assist-
ance for programs of on-line computer systems and other facili-
ties to provide career information at sites such as local schools, 
public employment service offices, and job training programs 
authorized under this Act; (C) in cooperation with educational 
agencies and institutions, encouraging programs providing 
career information, counseling, and employment services for 
96 STAT. 1386 
PUBLIC LAW 97-300—OCT. 13, 1982 
postsecondary youth; and (D) in cooperation with State and local 
correctional agencies, encouraging programs of counseling and 
employment services for youth and adults in correctional 
institutions; 
(3) provide training and technical assistance, and continuing 
support to State occupational information coordinating commit-
tees, in the development, maintenance, and use of occupational 
supply and demand information systems, with special emphasis 
on the use of cost efficient automated systems for delivering 
occupational information to planners and administrators of 
education and training programs and on improving the access of 
such planners and administrators to occupational information 
systems; 
Report. 
(4) publish at least annually a report on the status of occupa-
tional information capabilities at the State and national levels, 
which may include recommendations for improvement of occu-
pational information production and dissemination capabilities; 
(5) conduct research and demonstration projects designed to 
improve any Eispect of occupational and career information 
systems; 
(6) provide technical assistance for progrsuns designed to en-
courage public and private employers to list all available job 
opportunities with occupational information and career counsel-
ing programs conducted by administrative entities and with 
local public emplo3mient service offices and to encourage cooper-
ation and contact among such employers and such administra-
tive entities and public emplojrment service offices; and 
(7) providing assistance to units of general local government 
and private industry councils to familiarize them with labor 
market information resources available to meet their needs. 
(c) All funds available to the National Occupational Information 
Coordinating Committee under this Act, under section 161 of the 
2
0 use 2391. 
Vocational Education Act of 1963, and under section 12 of the 
Career Education Act may be used by the Committee to carry out 
any of its functions and responsibilities authorized by law. 
JOB BANK PROGRAM 
2
9 use 1755. 
SEC. 465. The Secretary is authorized to establish and carry out a 
nationwide computerized job bank and matching program (including 
the listing of all suitable emplojnnent openings with local offices of 
the State emplojnnent service agencies by Federsd contractors and 
subcontractors and providing for the affirmative action as required 
by section 2012(a) of title 38, United States Code, on a regional, State, 
and local basis, using electronic data processing and telecommunica-
tions systems to the maximum extent possible for the purpose of 
identifying sources of available individuals and job vacancies, pro-
viding an expeditious means of matching the qualifications of unem-
ployed, underemployed, and economically disadvantaged individuals 
with employer requirements and job opportunities, and referring 
and placing such individuals in jobs. An occupational information 
file may be developed, containing occupationed projections of the 
numbers and types of jobs on regional, State, local, and other 
appropriate bases, as well as labor supply information by 
occupation. 
PUBLIC LAW 97-300—OCT. 13, 1982 
PART F—NATIONAL COMMISSION FOR EMPLOYMENT POUCY 
96 STAT. 1387 
STATEMENT OF PURPOSE 
SEC. 471. The purpose of this part is to establish a National 29 use 1771. 
Commission for Employment Policy which shall have the responsi-
bility for examining broad issues of development, coordination, and 
administration of emplo3rment and training programs, and for advis-
ing the President and the Congress on national employment and 
training issues. For the purpose of providing funds for the Commis-
sion, the Secretary shall reserve $2,000,000 of the sums appropriated 
for this title for each 
fisced 
year. 
COMMISSION ESTABUSHED 
SEC. 472. (a) There is established a National Commission for 2
9 use 1772. 
Employment Policy (hereinafter in this part referred to as the 
"Commission"). The Commission shall be composed of 15 members, Membership. 
appointed by the President. The members of the Commission shall 
be individuals who are nationally prominent and the Commission 
shall be broadly representative of agriculture, business, labor, com-
merce, education (including elementary, secondary, postsecondary, 
and vocational and technical education), veterans, current State and 
local elected officials, community-based organizations, assistance 
programs, and members of the general public with expertise in 
human resource development or employment and training policy. 
One of the members shall be a representative of the National 
Advisory Council on Vocational Education (established under sec-
tion 162 of the Vocational Education Act of 1963). The membership 20 use 2392. 
of the Commission shall be generally representative of significant 
segments of the labor force, including women and minority groups. 
O
t
)
) The term of office of each member of the Commission appoint- Term of office, 
ed by the President under subsection (a) shall be three years, except 
that— 
(1) any such member appointed to fill a vacancy shall serve 
for the remainder of the term for which his predecessor was 
appointed, and 
(2) of such members first taking office— 
(A) five shall serve for terms of one year; 
(B) 
five 
shall serve for terms of two years; and 
(C) 
five 
shall serve for terms of three years; 
as designated by the President at the time of appointment. 
(c)(1) The Chairman shall be selected by the President. 
(2) The Commission shall meet not fewer than three times each Meetings. 
year at the call of the Chairman. 
(3) A majority of the members of the Commission shall constitute 
a quorum, but a lesser number may conduct hearings. Any recom-
mendation may be passed only by a majority of the members 
present. Any vacancy in the Commission shall not affect its powers 
but shall be filled in the same manner in which the original 
appointment was made. 
(d) The Chairman (with the concurrence of the Commission) shall 
appoint a Director, who shall be chief executive officer of the 
Commission and shall perform such duties as are prescribed by the 
Chairman. 
96 STAT. 1388 
PUBLIC LAW 97-300—OCT. 13, 1982 
29 u s e 1773. 
Reports. 
20 u s e 2392. 
Recommenda-
tions. 
FUNCTIONS OF THE COMMISSION 
SEC. 473. The Commission shall— 
(1) identify the emplojnnent goals and needs of the Nation, 
and assess the extent to which employment and training, voca-
tional education, institutional training, vocational rehabilita-
tion, economic opportunity programs, public assistance policies, 
emplojrment-related tax policies, labor exchange policies, and 
other policies and programs under this Act and related Acts 
represent a consistent, integrated, and coordinated approach to 
meeting such needs and achieving such goals; 
(2) develop and make appropriate recommendations designed 
to meet the needs and goals described in clause (1); 
(3) examine and evaluate the effectiveness of federally assist-
ed employment and training programs (including programs 
assisted under this Act), with particular reference to the contri-
butions 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 per-
formance standards and the parameters of variations of such 
standards for programs conducted pursuant to this Act; 
(5) evaluate the impact of tax policies on emplojrment and 
training opportunities; 
(6) examine and evaluate major Federal programs which are 
intended to, or potentially could, contribute to achieving major 
objectives of existing emplojmient 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 emplo5nnent and training 
problems through research and demonstration projects or to 
train personnel in fields (such as occupational counseling, guid-
ance, and placement) which are vital to the success of employ-
ment and training programs; 
(7)(A) identify, after consultation with the National Advisory 
Council on Vocational Education, 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 and re-
lated Acts represent a consistent, integrated, and coordinated 
approach to meeting such needs; and 
(B) comment, at least once annually, on the reports of the 
National Advisory Council on Vocational Education, which com-
ments shall be included in one of the reports submitted by the 
National Commission pursuant to this title and in one of the 
reports submitted by the National Advisory Council on Voca-
tional Education pursuant to section 162 of the Vocational 
Education Act of 1963; 
(8) study and make recommendations on how, through poli-
cies and actions in the public and private sectors, the Nation 
can attain and maintain full emplojmaent, with special empha-
sis on the emplojrment difficulties faced by the segments of the 
labor force that experience differentially high rates of unem-
ployment; 
(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 effi-
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1389 
ciency, alternative working arrangements, and technological 
changes; 
(10) evaluate the effectiveness of training provided with Fed-
eral 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 Act. 
Recommenda-
tions. 
Regulations. 
5 u s e 5101 
seq., 5331. 
ADMINISTRATIVE PROVISIONS 
SEC. 474. (a) Subject to such rules and regulations as may be 29 use 1774. 
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, United States Code, governing appoint-
ments 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 person-
nel; 
(3) procure the services of experts and consultants in accord-
ance with section 3109 of title 5, United States Code; 
(4) accept voluntary and uncompensated services of profes-
sional 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 title; 
(6) enter into contracts and make such other arrangements 
and modifications, as may be necessary; 
(7) conduct such studies, hearings, research activities, demon-
stration projects, and other similar activities as the Commission 
deems necessary to enable the Commission to carry out its 
functions under this title; 
(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 agencies, with the consent of such agencies, 
with or without reimbursement therefor; and 
(9) make advances, progress, and other pajonents necessary 
under this Act without regard to the provisions of section 3648 
of the Revised Statutes (31 U.S.C. 529). 
(b) 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 Act. 
REPORTS 
SEC. 475. The Commission shall make at least annually a report of 
its findings and recommendations to the President and to the Con-
gress. The Commission may make such interim reports or recom-
et 
29 u s e 1775. 
96 STAT. 1390 
PUBLIC LAW 97-300—OCT. 13, 1982 
mendations 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. 
PART G—TRAINING TO FULFILL AFFIRMATIVE ACTION OBUGATIONS 
AFFIRMATIVE ACTION 
29 use 1781. 
SEC. 481. (a) A contractor subject to the affirmative action obliga-
3 C
F
R 
tions of Executive Order 11246, as gmiended, issued September 24, 
1964-1965^^^ 
1965, may establish or participate in training programs pursuant to 
omp., p. 
^jj.g ggg^iQjj fQj. individuals meeting the eligibility criteria estab-
lished in sections 203(aXl), 401, and 402, 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 deter-
mined 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 effec-
tiveness of the organization as a provider of emplo3mient and 
training services; 
(4) a description of how the contractor will monitor the pro-
gram 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. 
OaXlXA) If the training proposal is designed to meet the needs of 
the community rather than, or in addition to, the emplojonent needs 
of the contractor, and has not been approved by Einother Federal 
agency, the program shall be submitted to the private industry 
council established under section 102 for a determination that there 
is a need for such training in the community. 
(B) Individuals trained under any program satisfying the require-
ments 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 appli-
cable standards. 
Regulations. 
(2) The Director of the Office of Federal Contract Compliance 
Programs, Department of Labor, shall promulgate regulations set-
ting forth how the Office will determine, during a compliance 
review, the degree to which a training program will satisfy the 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1391 
contractor's affirmative action obligations. The training and place-
ment 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 affirma-
tive 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 compli-
ance review the Director of the Office of Federal Contract Compli-
ance Programs determines that a training program does not comply 
with its regulations, the Director shall— 
(A) notify the contractor of the disapproval, 
(B) set forth the reasons for the disapproval, and 
(C) provide a list of recommendations which, if accepted, will 
qualify the training program under this section. 
(3) A contractor who has a training program which contains the 
criteria set forth in subsection (a) and which is in accordance with 
regulations promulgated under paragraph (2) of this subsection shall 
continue to meet the affirmative action obligations of Executive 
Order 11246, as amended, but the contractors required to maintain a 
written affirmative action program need only maintain an abbrevi-
ated affirmative action program, the content and length of which 
shall be determined by the Director of the Office of Federal Contract 
Compliance Programs, to satisfy the written affirmative action pro-
gram portion of their obligations under Executive Order 11246, as 
amended. Successful performance or operation of a training pro-
gram meeting the criteria set forth in subsection (a) shall create a 
presumption that the contractor has made a good faith effort to 
meet its affirmative action obligations to the degree specified by the 
Director under paragraph (2) of this subsection, but that presump-
tion shall not be applicable to the satisfaction of other affirmative 
action obligations not directly related to the training and hiring 
requirements of this section, or other affirmative action obligations 
not affected by this section. For the purpose of the preceding 
sentence, "successful performance or operation" means training and 
placing in jobs a number of individuals which bears a reasonable 
relationship to the number of job openings in the contractors's 
facilities or in the relevant labor market area. 
(c) Nothing in this section may be interpreted— 
(1) to compel contractor involvement in such programs, 
(2) to establish the exclusive criteria by which a contractor 
can be found to have fulfilled its affirmative action obligations, 
(3) to provide authority for imposing any additional obliga-
tions on contractors not participating in such training activities, 
(4) to permit the Office of Federal Contract Compliance Pro-
grams to intervene or interfere with the authority and responsi-
bilities of the private industry councils, 
(5) to restrict or limit the authority of the Secretary to 
investigate the emplojmient practices of any Government con-
tractor, to initiate such investigation by the Director, to deter-
mine whether any nondiscrimination contractual provisions 
have been violated, or to enforce Executive Order 11246, or 
(6) to prohibit the Secretary or the Director, or other author-
ized officers of the United States, from requesting or compelling 
any contractor preparing and maintaining a short form affirma-
tive action plan under subsection (b) to provide information 
necessary to conduct a compliance review or to provide data 
Compliance 
review. 
3 CFR, 
1964-1965 
Comp., p. 339. 
"Successful 
performance 
operation." 
3 CFR, 1964-1965 
Comp., p. 339. 
96 STAT. 1392 
PUBLIC LAW 97-300—OCT. 13, 1982 
necessary to determine whether any violation of Executive 
3 CFR, 1964-1965 
Order 11246 has occurred. 
Comp., p. 339. 
TITLE V—MISCELLANEOUS PROVISIONS 
AMENDMENTS TO THE WAGNER-PEYSER ACT 
SEC. 501. (a) The Act of June 6,1938, known as the Wagner-Peyser 
Act (29 U.S.C. 49 et seq.), is amended by striking out all that 
precedes section 4 of such Act and inserting in lieu thereof the 
following: 
• 
29 use 49. 
"SECTION 1. In order to promote the establishment and mainte-
nance of a national system of public emplojnnent offices, the United 
States Employment Service shall be established and maintained 
within the Department of Labor. 
Definitions. 
"SEC. 2. For purposes of this Act— 
29 use 49a. 
"(1) the term 'chief elected official or officials' has the same 
meaning given that term under the Job Training Partnership 
Ante., p. 1322. 
Act; 
"(2) the term 'private industry council' has the same meaning 
given that term under the Job Training Partnership Act; 
"(3) the term 'Secretary' means the Secretary of Labor; 
"(4) the term 'service delivery area' has the same meaning 
given that term under the Job Training Partnership Act; and 
"(5) the term 'State' means any of the several States, the 
District of Columbia, the Commonwealth of Puerto Rico, Guam, 
and the Virgin Islands. 
29 use 49b. 
"SEC. 3. (a) The United States Employment Service shall assist in 
coordinating the State public emplojmient services throughout the 
country and in increasing their usefulness by developing and pre-
scribing minimum standards of efficiency, assisting them in meeting 
problems peculiar to their localities, promoting uniformity in their 
administrative and statistical procedure, furnishing and publishing 
information as to opportunities for employment and other informa-
tion of value in the operation of the system, and maintaining a 
system for clearing labor between the States. 
"(b) It shall be the duty of the Secretary of Labor to assure that 
unemployment insurance and emplojnnent service offices in each 
State, as appropriate, upon request of a public agency administering 
or supervising the administration of a State plan approved under 
42 use 601. 
part A of title IV of the Social Security Act or of a public agency 
charged with any duty or responsibility under any program or 
42 use 651. 
activity authorized or required under part D of title IV of such Act, 
shall (and, notwithstanding any other provision of law, is authorized 
to) furnish to such agency making the request, from any data 
contained in the files of any such office, information with respect to 
any individual specified in the request as to (1) whether such 
individual is receiving, has received, or has made application for, 
unemployment compensation, and the amount of any such compen-
sation being received by such individual, (2) the current (or most 
recent) home address of such individual, and (3) whether such 
individual has refused an offer of emplojnnent and, if so, a descrip-
tion of the employment so offered and the terms, conditions, and 
rate of pay therefor.". 
29 use 49d. 
(b) Section 5 of such Act is amended by striking out subsection (b) 
and inserting in lieu thereof the following new subsections: 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1393 
"(b) The Secretary shall from time to time certify to the Secretary 
of the Treasury for payment to each State which— 
"(1) except in the case of Guam, has an unemployment com-
pensation law approved by the Secretary under the Federal 
Unemployment Tax Act and is found to be in compliance with 
section 303 of the Social Security Act, as amended, 
"(2) is found to have coordinated the public employment 
services with the provision of unemployment insurance claim-
ant services, and 
"(3) is found to be in compliance with this Act, 
such amounts as the Secretary determines to be necessary for 
allotment in accordance with section 6. 
"(cXD Beginning with fiscal year 1985 and thereafter appropri-
ations for any fiscal year for programs and activities assisted or 
conducted under this Act shall be available for obligation only on 
the basis of a program year. The program year shall begin on July 1 
in the fiscal year for which the appropriation is made. 
"(2) Funds obligated for any program year may be expended by 
the State during that program year and the two succeeding program 
years and no amount shall be deobligated on account of a rate of 
expenditure which is consistent with the program plan. 
(3XA) Appropriations for fiscal year 1984 shall be available both 
to fund activities for the period between October 1,1983, and July 1, 
1984, and for the program year beginning July 1,1984. 
"(B) There are authorized to be appropriated such additional sums 
as may be necessary to carry out the provisions of this paragraph for 
the transition to program year funding.". 
(c) Such Act is amended by adding at the end of section 5 the 
following new sections: 
"SEC. 6. (a) From the amounts appropriated pursuant to section 5 
for each fiscal year, the Secretary shall first allot to Guam and the 
Virgin Islands an amount which, in relation to the total amount 
available for the fiscal year, is equal to the allotment percentage 
which each received of amounts available under this Act in fiscal 
year 1983. 
"(b)(1) Subject to paragraphs (2), (3), and (4) of this subsection, the 
Secretary shall allot the remainder of the sums appropriated and 
certified pursuant to section 5 of this Act for each fiscal year among 
the States as follows: 
"(A) two-thirds of such sums shall be allotted on the basis of 
the relative number of individuals in the civilian labor force in 
each State as compared to the total number of such individuals 
in all States; and 
"(B) one-third of such sums shall be allotted on the basis of 
the relative number of unemployed individuals in each State as 
compared to the total number of such individuals in all States. 
For purposes of this paragraph, the number of individuals in the 
civilian labor force and the number of unemployed individuals shall 
be based on data for the most recent calendar year available, as 
determined by the Secretary of Labor. 
"(2) No State's allotment under this section for any fiscal year 
shall be less than 90 percent of its allotment percentage for the 
fiscal year preceding the fiscal year for which the determination is 
made. For the purpose of this section, the Secretary shall determine 
the allotment percentage for each State (including Guam and the 
Virgin Islands) for fiscal year 1984 which is the percentage that the 
State received under this Act for fiscal year 1983 of the total 
26 u s e 3311. 
42 u s e 503. 
Appropriation 
availability. 
Appropriation 
availability. 
Appropriation 
authorization. 
Allotments. 
29 u s e 49e. 
96 STAT. 1394 
PUBLIC LAW 97-300—OCT. 13, 1982 
amounts available for payments to all States for such fiscal year. 
For each succeeding fiscal year, the allotment percentage for each 
such State shall be the percentage that the State received under this 
Act for the preceding fiscal year of the total amounts available for 
allotments for all States for such fiscal year. 
"(3) For each fiscal year, no State shall receive a total allotment 
under paragraphs (1) and (2) which is less than 0.28 percent of the 
total amount available for allotments for all States. 
"(4) The Secretary shall reserve such amount, not to exceed 3 
percent of the sums available for allotments under this section for 
each fiscal year, as shall be necessary to assure that each State will 
have a total allotment under this section sufficient to provide staff 
and other resources necessary to carry out emplojonent service 
activities and related administrative and support functions on a 
statewide basis. 
Planning 
"(5) The Secretary shall, not later than March 15 of fiscal year 
estimates. 
jggg ^^(j each succeeding fiscal year, provide preliminary planning 
estimates and shall, not later than May 15 of each such fiscal year, 
provide final planning estimates, showing each State's projected 
allocation for the following year. 
2
9 use 49f. 
"SEC. 7. (a) Ninety percent of the sums allotted to each State 
pursuant to section 6 may be used— 
"(1) for job search and placement services to job seekers 
including counseling, testing, occupational and labor market 
information, assessment, and referral to employers; 
"(2) for appropriate recruitment services and special technical 
services for employers; and 
"(3) for any of the following activities: 
"(A) evaluation of programs; 
"(B) developing linkages between services funded under 
this Act and related Federal or State legislation, including 
the provision of labor exchange services at education sites; 
"(C) providing services for workers who have received 
notice of permanent layoff or impending layoff, or workers 
in occupations which are experiencing limited demand due 
to technological change, impact of imports, or plant clo-
sures; 
"(D) developing and providing labor market and occupa-
tional information; 
"(E) developing a management information system and 
compiling and analyzing reports therefrom; and 
"(F) administering the work test for the State unemploy-
ment compensation system and providing job finding and 
placement services for unemployment insurance claimants. 
"(b) Ten percent of the sums allotted to each State pursuant to 
section 6 shall be reserved for use in accordance with this subsection 
by the Governor of each such State to provide— 
"(1) performance incentives for public emplojmient service 
offices and programs, consistent with performance standards 
established by the Secretary, taking into account direct or 
indirect placements (including those resulting from self-directed 
job search or group job search activities assisted by such offices 
or programs), wages on entered employment, retention, and 
other appropriate factors; 
"(2) services for groups with special needs, carried out pursu-
ant to joint agreements between the employment service and 
the appropriate private industry council and chief elected offi-
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1395 
cial or officials or other public agencies or private nonprofit 
organizations; and 
(3) the extra costs of exemplary models for delivering serv-
ices of the t5rpes described in subsection (a). 
"(c) In addition to the services and activities otherwise authorized 
by this Act, the United States Employment Service or any State 
agency designated under this Act may perform such other services 
and activities as shall be specified in contracts for payment or 
reimbursement of the costs thereof made with the Secretary of 
Labor or with any Federal, State, or local public agency, or adminis-
trative entity under the Job Training Partnership Act, or private 
^"^«' P 1322. 
nonprofit organization.", 
(d) Section 8 of such Act is amended— 
OQTT^P A
Q 
(1) by striking out "Director" each place it appears and 
^ ^°^ "
^
^
^ 
inserting in lieu thereof "Secretary of Labor"; 
(2) by designating the first sentence thereof as subsection (a); 
(3) by designating the second and third sentences thereof as 
subsection (d); 
(4) by designating the fourth sentence thereof as subsection 
(e); and 
(5) by inserting after subsection (a) as amended by clause (1) of 
this subsection the following subsections: 
"(b) Prior to submission of such plans to the Secretary— 
"(1) the employment service shall develop jointly with each 
appropriate private industry council and chief elected official or 
officials for the service delivery area (designated under the Job 
Training Partnership Act) those components of such plans 
applicable to such area; 
'(2) such plans shall be developed taking into consideration 
proposals developed jointly by the appropriate private industry 
council and chief elected official or officials in the service 
delivery area affected; 
"(3) such plans shall be transmitted to the State job training 
coordinating council (established under such Act) which shall 
certify such plans if it determines (A) that the components of 
such plans have been jointly agreed to by the employment 
service and appropriate private industry council and chief 
elected official or officials; and (B) that such plans are consistent 
with the Governor's coordination and special services plan 
under the Job Training Partnership Act; 
"(4) if the State job training coordinating council does not 
certify that such plans meet the requirements of clauses (A) and 
(B) of paragraph (3), such plans shall be returned to the employ-
ment service for a period of thirty days for it to consider, jointly 
with the appropriate private industry council and chief elected 
official or officials, the council's recommendations for modifying 
such plans; and 
"(5) if the employment service and the appropriate private 
industry council and chief elected official or officials fail to 
reach agreement upon such components of such plans to be 
submitted finally to the Secretary, such plans submitted by the 
State agency shall be accompanied by such proposed modifica-
tions as may be recommended by any appropriate disagreeing 
private industry council and chief elected official or officials 
affected, and the State job training coordinating council shall 
transmit to the Secretary its recommendations for resolution 
thereof. 
96 STAT. 1396 
PUBLIC LAW 97-300—OCT. 13, 1982 
Review. 
29 use 49h. 
Audit. 
Report to 
Congress. 
Information 
availability. 
Funds, 
repayment. 
29 use 49i. 
Investigations. 
"(c) The Governor of the State shall be afforded the opportunity to 
review and transmit to the Secretary proposed modifications of such 
plans submitted."; 
(e) Section 9 of such Act is amended to read as follows: 
"SEC. 9. (aXD Each State shall establish such fiscal control and 
fund accounting procedures as may be necessary to assure the 
proper disbursal of, and accounting for, Federal funds paid to the 
recipient under this Act. The Director of the Office of Management 
and Budget, in consultation with the Comptroller General of the 
United States, shall establish guidance for the proper performance 
of audits. Such guidance shall include a review of fiscal controls and 
fund accounting procedures established by States under this section. 
"(2) At least once every two years, the State shall prepare or have 
prepared an independent financial and compliance audit of funds 
received under this Act. 
"(3) Each audit shall be conducted in accordance with applicable 
auditing standards set forth in the financial and compliance ele-
ment of the Standards for Audit of Governmental Organizations, 
Programs, Activities, and Functions issued by the Comptroller Gen-
eral of the United States. 
"OJXD The Comptroller General of the United States shall evalu-
ate the expenditures by States of funds received under this Act in 
order to assure that expenditures are consistent with the provisions 
of this Act and to determine the effectiveness of the State in 
accomplishing the purposes of this Act. The Comptroller General 
shall conduct evaluations whenever determined necessary and shall 
periodically report to the Congress on the findings of such evalua-
tions. 
"(2) Nothing in this Act shall be deemed to relieve the Inspector 
General of the Department of Labor of his responsibilities under the 
Inspector General Act. 
"(3) For the purpose of evaluating and reviewing programs estab-
lished or provided for by this Act, the Comptroller General shall 
have access to and the right to copy any books, accounts, records, 
correspondence, or other documents pertinent to such programs that 
are in the possession, custody, or control of the State. 
"(c) Each State shall repay to the United States amounts found 
not to have been expended in accordance with this Act. No such 
finding shall be made except after notice and opportunity for a fair 
hearing. The Secretary may offset such amounts against any other 
amount to which the recipient is or may be entitled under this Act.". 
(f) Section 10 of such Act is amended to read as follows: 
"SEC. 10. (a) Each State shall keep records that are sufficient to 
permit the preparation of reports required by this Act and to permit 
the tracing of funds to a level of expenditure adequate to insure that 
the funds have not been spent unlawfully. 
"(bXD The Secretary may investigate such facts, conditions, prac-
tices, or other matters which the Secretary finds necessary to 
determine whether any State receiving funds under this Act or any 
official of such State has violated any provision of this Act. 
"(2XA) In order to evaluate compliance with the provisions of this 
Act, the Secretary shall conduct investigations of the use of funds 
received by States under this Act. 
"(B) In order to insure compliance with the provisions of this Act, 
the Comptroller General of the United States may conduct investi-
gations of the use of funds received under this Act by any State. 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1397 
"(3) In conducting any investigation under this Act, the Secretary 
or the Comptroller General of the United States may not request 
new compilation of information not readily available to such State. 
"(c) Each State receiving funds under this Act shall— 
"(1) make such reports concerning its operations and expendi-
tures in such form and containing such information as shall be 
prescribed by the Secretary, and 
"(2) establish and maintain a management 
information 
system in accordance with guidelines established by the Secre-
tary designed to facilitate the compilation and analysis of pro-
grammatic and financial data necessary for reporting, monitor-
ing, and evaluating purposes.", 
(g) Section 11(a) of such Act is amended by adding at the end 
thereof the following new sentence: "Nothing in this section shall be 
construed to prohibit the Governor from carrying out functions of 
such State advisory council through the State job training coordinat-
ing council in accordance v/ith section 122(c) of the Job Training 
Partnership Act.". 
(h) Such Act is amended by adding at the end thereof the follow-
ing new sections: 
SEC. 13. (a) The Secretary is authorized to establish performance 
standards for activities under this Act which shall take into account 
the differences in priorities reflected in State plans. 
"(b) Nothing in this Act shall be construed to prohibit the referral 
of any applic£uit to private agencies as long as the applicant is not 
charged a fee. 
"SEC. 14. There are authorized to be appropriated such sums as 
may be necessary to enable the Secretary to provide funds through 
reimburseable agreements with the States to operate statistical 
programs which are essential for development of estimates of the 
gross national product and other national statistical series, includ-
ing those related to employment and unemployment. 
SEC. 15. This Act may be cited as the 'Wagner-Peyser Act'.". 
Restrictions. 
29 u s e 49j. 
Ante, p. 1339. 
Performance 
standards. 
29 u s e 49/. 
Restrictions. 
Appropriation 
authorization. 
29 u s e 491-1. 
29 u s e 49 note. 
AMENDMENTS TO PART C OF TITLE IV OF THE SOCIAL SECURITY ACT 
SEC. 502. (a) Section 432(d) of the Social Security Act is amended to ^2 use 632. 
read as follows: 
"(d) In providing the training and employment services and oppor-
tunities required by this part, the Secretary of Labor shall, to the 
maximum extent feasible, assure that such services and opportuni-
ties are provided by using all authority available under this or any 
other Act. In order to assure that the services and opportunities so 
required are provided, the Secretary of Labor (1) shall assure, when 
appropriate, that registrants under this part are referred for train-
ing and employment services under the Job Training Partnership 
Act, and (2) may use the funds appropriated under this part to Ante, p. 1322. 
provide programs required by this part through such other Acts to 
the same extent and under the same conditions (except as regards 
the Federal matching percentage) as if appropriated under such 
other Act and, in making use of the programs of other Federal, 
State, or local agencies (public or private), the Secretary of Labor 
may reimburse such agencies for services rendered to individuals 
under this part to the extent that such services and opportunities 
are not otherwise available on a nonreimbursable basis.'. 
(bXD Section 432(f) of such Act is amended— 
42 use 632. 
(A) by amending paragraph (1) to read as follows: 
96 STAT. 1398 
PUBLIC LAW 97-300—OCT. 13, 1982 
"(fKD The Secretary of Labor shall utilize the services of each 
private industry council (as established under the Job Training 
Ante, p. 1322. 
Partnership Act) to identify and provide advice on the types of jobs 
available or likely to become available in the service delivery area of 
such council."; 
(B) by striking out paragraph (2) and redesignating paragraph 
(3) as paragraph (2); and 
(C) by striking out "Labor Market Advisory Council" in such 
paragraph and inserting in lieu thereof "private industry coun-
cil". 
42 use 633. 
(2) Section 433(b)(2) of such Act is amended by striking out "Labor 
Market Advisory Council (established pursuant to section 432(f))" 
and inserting in lieu thereof "private industry council under the Job 
Training Partnership Act". 
42 use 632. 
(cXD Section 432(b)(lXA) of such Act is amended by insertmg 
before the comma at the end thereof the following: ", which may 
include intensive job search services, including participation in 
group 
job search activities". 
42 use 633. 
(2) Section 433(a) of such Act is amended by striking out "unem-
ployed fathers" and inserting in lieu thereof "unemployed parents 
who are the principal earners (as defined in section 407)". 
(3) Section 433 of such Act is amended by adding at the end 
thereof the following new subsection: 
"(i) In planning for activities under this section, the chief execu-
tive officer of each State shall make every effort to coordinate such 
activities with activities provided by the appropriate private indus-
try council and chief elected official or officials under the Job 
Training Partnership Act.". 
EARNINGS DISREGARD 
95 Stat. 843. 
SEC. 503. (a) Section 402(a)(8)(A) of the Social Security Act is 
42 use 602. 
amended— 
(1) by striking out "and" at the end of clause (iii); 
(2) in clause (iv), by striking out "already disregarded under 
the preceding provisions of this paragraph" and inserting in 
lieu thereof 'disregarded under any other clause of this subpar-
agraph"; and 
(3) by adding at the end thereof the following new clause; 
(v) may disregard the income of any dependent child 
applying for or receiving aid to families with dependent 
chilaren which is derived from a program carried out under 
the Job Training Partnership Act (as originally enacted), 
but only in such amounts, and for such period of time (not 
to exceed six months with respect to earned income) as the 
Secretary may provide in regulations; and". 
95 Stat. 845. 
(b) Section 402(aX18) of such Act is amended by inserting ", other 
42 use 602. 
than paragraph (8)(A)(v)" after "without application of para-
graph (8)". 
PUBLIC LAW 97-300—OCT. 13, 1982 
96 STAT. 1399 
ENFORCEMENT OF MIUTARY SELECTIVE SERVICE ACT 
SEC. 504. The Secretary shall insure that each individual partici- 29 use 1504. 
pating in any program established under this Act, or receiving einy 
assistance or benefit under this Act, has not violated section 3 of the 
Military Selective Service Act (50 U.S.C. App. 453) by not presenting 
and submitting to registration as required pursuant to such section. 
The Director of the Selective Service System shall cooperate with 
the Secretary in carr5dng out this section. 
Approved October 13, 1982. 
LEGISLATIVE HISTORY—S. 2036 (H.R. 5320): 
HOUSE REPORTS: No. 97-537 accompanying H.R. 5320 (Comm. on Education and 
Labor and No. 97-889 (Comm. of Conference). 
SENATE REPORT No. 97-469 (Comm. on Labor and Human Resources). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
July 1, considered and passed Senate. 
Aug. 4, H.R. 5320 considered and passed Senate; S. 2036, amended, passed in 
lieu. 
Sept. 30, Senate agreed to conference report. 
Oct. 1, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 41 (1982): 
Oct. 13, Presidential statement.