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facilities combining residential and nonresidential components, from the use of centers with large as opposed to small enrollments, and from the use of different types of program sponsors, including public agencies, institutions of higher education, boards of education, and private corporations. The evaluation shall also include comparisons with proper control groups composed of persons who have not participated in the program. In carrying out such evaluations, the Secretary shall arrange for obtaining the opinions of participants about the strengths and weaknesses of the program and shall consult with other agencies and officials in order to compare the relative effectiveness of Job Corps techniques with those used in other programs, and shall endeavor to secure, through employers, schools, or other Government and private agencies specific information concerning the residence of former enrollees, their employment status, compensation, and success in adjusting to community life. The Secretary shall also secure, to the extent feasible, similar information directly from enrollees at appropriate intervals following their completion of the Job Corps program. The results of such evaluation shall be published and shall be summarized in the annual report of the Secretary.

(b) Grants or contracts; pilot projects; consultation with other Federal or State agencies; waiver; report to Secretary and Congress.

The Secretary may undertake or make grants or contracts for experimental, research, or demonstration projects directed to developing or testing ways of securing the better use of facilities, of encouraging a more rapid adjustment of enrollees to community life that will permit a reduction in the period of their enrollment, of reducing transportation and support costs, or of otherwise promoting greater efficiency and effectiveness in the program authorized under this subchapter. These projects shall include one or more projects providing youths with education, training, and other supportive services on a combined residential and nonresidential basis. The Secretary may, if he deems it advisable, 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. Projects under this subsection shall be developed after appropriate consultation with other Federal or State agencies conducting similar or related programs or projects and with the prime sponsors, 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 to projects under this section to the extent they include the same or substantially similar activities. The Secretary may waive any provision of this subchapter which he finds would prevent the carrying out of elements of projects under this subsection essential to a determination of their feasibility and usefulness. He shall, in the annual report of the Secretary, report to the Congress concerning the actions taken under this section, including a full description

of progress made in connection with combined residential and nonresidential projects.

(c) Model community vocational educational schools. 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 maximum utilization of existing educational and training facilities, the Secretary in cooperation with the Commissioner of Education, shall enter into one or more agreements with State educational agencies to pay the cost of establishing and operating model community vocational education schools and skill centers. Such facilities shall be centrally located in an urban area having a high dropout rate, a large number of unemployed youths, and a need in the area for a combination vocational school and skill center. No such agreement shall be entered into unless it contains provisions designed to assure that

(1) a job survey be made of the area;

(2) the training program of the school and skill center reflect the job market needs as projected by the survey;

(3) an advisory committee composed of representatives of business, labor, education, and community leaders be formed to follow the center's activities and to make periodic recommendations regarding its operation;

(4) arrangements have been worked out with schools in the area and the administrator of the skill center for maximum utilization of the center both during and after school hours; and

(5) such accounting and evaluation procedures as the Secretary and the Commissioner of Education deem necessary to carry out the purpose of this project will be provided.

(Pub. L. 93-203, title IV, § 413, Dec. 28, 1973, 87 Stat. 870.)

CODIFICATION

The phrase "program authorized under this subchapter." appearing in subsec. (b), was, in the original, "program authorized under this part." The translation of "part" to "subchapter" was made as the probable intent of Congress in view of the fact that subchapter IV of this chapter, of which this section is a part, is not further subdivided into parts.

EFFECTIVE DATE

Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title. § 924. Advisory boards and committees.

The Secretary shall make use of advisory committees or boards in connection with the operation of the Job Corps, and the operation of Job Corps centers, whenever he determines 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 agencies, institutions, or groups engaged in related activities. Nothing in this section shall be considered as limiting the functions of the National Advisory Council, established pursuant to section 2945 of Title 42, with respect to any matter or question involving the Job Corps; but this shall not prevent the establishment

through or in cooperation with the National Advisory Council of one or more boards or committees under this section. (Pub. L. 93-203, title IV, § 414, Dec. 28, 1973, 87 Stat. 871.)

EFFECTIVE DATE

Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title. § 925. Participation of the States.

(a) The Secretary shall take necessary action to facilitate the effective participation of States in the Job Corps program, including, but not limited to, consultation with appropriate State agencies on matters pertaining to the enforcement of applicable State laws, standards of enrollee conduct and discipline, the development of meaningful work experience and other activities for enrollees, and coordination with State-operated programs.

(b) The Secretary may enter into agreements with States to assist in the operation or administration of State-operated programs which carry out the purpose of this subchapter. The Secretary may, pursuant to regulations, pay part or all of the operative or administrative costs of such programs.

(c) No Job Corps center or other similar facility designed to carry out the purpose of this chapter shall be established within a State unless a plan setting forth such proposed establishment has been submitted to the Governor, and such plan has not been disapproved by him within 30 days of such submission. (Pub. L. 93-203, title IV, § 415, Dec. 28, 1973, 87 Stat. 871.)

CODIFICATION

The phrase "carry out the purpose of this subchapter," appearing in subsec. (b), was, in the original, "carry out the purpose of this part." The translation of "part" to "subchapter" was made as the probable intent of Congress in view of the fact that subchapter IV of this chapter, of which this section is a part, is not further subdivided into parts.

EFFECTIVE DATE

Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title. § 926. Application of provisions of Federal law.

(a) Except as otherwise specifically provided in the following paragraphs of this subsection, and in section 8143 (a) of Title 5, 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 and title II of the Social Security Act, enrollees shall be deemed employees of the United States and any service performed by an individual as an enrollee 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 (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, and the provisions of that subchapter shall apply except as follows:

(A) The term "performance of duty" shall not include any act of an enrollee while absent from

his or her assigned post of duty, except while participating in an activity (including an activity while on pass or during travel to or from such post of 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 (b) of Title 5 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 enrollees shall be considered employees of the Government.

(b) Whenever the Secretary finds a claim for damage 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 he may adjust and settle it in an amount not exceeding $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 therein. (Pub. L. 93-203, title IV, § 416, Dec. 28, 1973, 87 Stat. 872.)

REFERENCES IN TEXT

The Internal Revenue Code of 1954, referred to in subsec. (a) (1), is set out in Title 26, Internal Revenue Code. Title II of the Social Security Act, referred to in subsec. (a) (1), is classified to section 401 et seq. of Title 42, The Public Health and Welfare.

The Federal tort claims provisions in Title 28, referred to in subsec. (a) (3), are set out in section 2671 et seq. of Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE

Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title. § 927. Special limitations.

(a) The Secretary shall not use any funds made available to carry out this subchapter for the fiscal year ending June 30, 1968, in a manner that will increase the residential capacity of Job Corps centers above forty-five thousand enrollees.

(b) The Secretary shall take necessary action to assure that on or before June 30, 1968, of the total number of Job Corps enrollees receiving training at least 25 per centum shall be women. The Secretary shall immediately take steps to achieve an enrollment ratio of 50 per centum women enrollees in training 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.

(c) The Secretary shall take necessary action to assure that for any fiscal year the direct operating costs of Job Corps centers which have been in operation for more than nine months do not exceed $6,900 per enrollee.

(d) The Secretary shall take necessary action to assure that all studies, evaluations, proposals, and data produced or developed with Federal funds in the course of the operation of any conservation or training center shall become the property of the United States. (Pub. L. 93–203, title IV, § 417, Dec. 28, 1973, 87 Stat. 873.)

CODIFICATION

The phrase "available to carry out this subchapter", appearing in subsec. (a), was, in the original, "available to carry out this part". The translation of "part" to "subchapter" was made as the probable intent of Congress in view of the fact that subchapter IV of this chapter, of which this section is a part, is not further subdivided into parts.

EFFECTIVE DATE

Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title. § 928. Political discrimination and political activity.

(a) No officer or employee of the executive branch of the Federal Government shall make any inquiry concerning the political affiliation or beliefs of any enrollee or applicant for enrollment in the Corps. All disclosures concerning such matters shall be ignored, except as to such membership in political parties or organizations as constitutes by law a disqualification for Government employment. No discrimination shall be exercised, threatened, or promised by any person in the executive branch of the Federal Government against or in favor of any enrollee in the Corps, or any applicant for enrollment in the Corps because of his political affiliation or beliefs, except as may be specifically authorized or required by law.

(b) No officer, employee or enrollee of the Corps shall take any active part in political management or in political campaigns, except as may be provided by or pursuant to statute, and no such officer, employee, or enrollee shall use his official position or influence for the purpose of interfering with an election or affecting the result thereof. All such persons shall retain the right to vote as they may choose and to express, in their private capacities, their opinions on all political subjects and candidates. Any officer, employee, enrollee, or other Federal employee who solicits funds for political purposes from members of the Corps shall be in violation of section 602 of Title 18.

(c) Whenever the United States Civil Service Commission finds that any person has violated the provisions of this section, it shall, after giving due notice and opportunity for explanation to the officer or employee or enrollee concerned certify the facts to the Secretary with specific instructions as to discipline or dismissal or other corrective actions. (Pub. L. 93-203, title IV, § 418, Dec. 28, 1973, 87 Stat. 873.)

EFFECTIVE DATE

Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title.

§ 929. Administrative provisions.

(a) In carrying out the provisions of this subchapter, the Secretary shall have the same powers as the Director of the Office of Economic Opportunity under section 2942 of Title 42.

(b) The provisions of section 983 of this title shall apply to this subchapter only to the extent that such

provisions are consistent with the provisions of this subchapter. (Pub. L. 93-203, title IV, § 419, Dec. 28, 1973, 87 Stat. 873.)

EFFECTIVE DATE

Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title. SUBCHAPTER V.-NATIONAL COMMISSION FOR MANPOWER POLICY

§ 951. Congressional findings and declaration of purpose.

(a) The Congress finds and declares that the responsibility for the development, administration, and coordination of programs of training and manpower development generally is so diffused and fragmented at all levels of government that it has been impossible to develop rational priorities in these fields, with the result that even good programs have proved to be far less effective than could reasonably be expected. The Congress further finds that the lack of a coherent, flexible, national manpower policy reduces our prospects of solving economic and social problems which threaten fundamental national interests and objectives.

(b) Accordingly, the purpose of this subchapter is to establish a National Commission for Manpower Policy which will have the responsibility for examining these issues, for suggesting ways and means of dealing with them, and for advising the Secretary on national manpower issues. (Pub. L. 93-203, title V, § 501, Dec. 28, 1973, 87 Stat. 874.)

EFFECTIVE DATE

Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title. § 952. Commission established. (a) Membership.

There is established a National Commission for Manpower Policy (hereinafter referred to as the "Commission") which shall consist of seventeen members selected as follows

(1) the Secretary of Labor, the Secretary of Health, Education, and Welfare, the Secretary of Defense, the Secretary of Commerce, the Secretary of Agriculture, and the Administrator of the Veterans' Affairs; and

(2) eleven members broadly representative of labor, industry, commerce, education (including vocational and technical education), State and local elected officials involved with manpower programs, persons served by manpower programs and of the general public appointed by the President. (b) Chairman; meetings.

The Commission shall meet at the call of the Chairman, who shall be selected by the President and who shall be one of the ten appointed public members, but not fewer than three times a year. (c) Director; clerical staff; utilization of other staff. The Chairman (with the concurrence of the Commission) shall appoint a Director, who shall be the chief executive officer of the Commission and shall perform such duties as are prescribed by the Chairman. The Director may appoint, with the concurrence of the Chairman and the Secretary of Labor,

such clerical staff as are necessary. The Commission may utilize such staff from the Department of Labor, the Department of Health, Education, and Welfare, and such other Federal agencies as may be available to assist the Commission in carrying out its responsibilities.

(d) Acceptance, employment, and disposal of gifts and bequests.

The Commission may accept in the name of the Department of Labor and employ or dispose of gifts or bequests, to carry out its responsibilities under this subchapter.

(e) Compensation.

Members of the Commission who are not officers or employees of the Federal Government shall be paid compensation at a rate of up to the per diem equivalent of the rate for GS-18 when engaged in the work of the Commission, including traveltime, and shall be allowed travel expenses and per diem in lieu of subsistence as authorized by section 5703 of Title 5 for persons in the Government service employed intermittently and receiving compensation on a per diem, when actually employed, basis. (Pub. L. 93-203, title V, § 502, Dec. 28, 1973, 87 Stat. 874.)

EFFECTIVE DATE

Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title.

§ 953. Functions of the Commission.

The Commission shall

(1) identify the manpower goals and needs of the Nation and assess the extent to which employment and training, vocational education, institutional training, vocational rehabilitation, economic opportunity, and other programs under this chapter and related Acts represent a consistent, integrated, and coordinated approach to meeting such needs and achieving such goals;

(2) conduct such studies, hearings, research, or other activities as it deems necessary to enable it to formulate appropriate recommendations;

(3) examine and evaluate the effectiveness of any federally assisted manpower development programs (including those assisted under this chapter), with particular reference to the contributions of such programs to the achievement of objectives sought by the recommendations under clause (2) of this section;

(4) examine and evaluate major Federal programs which are intended to (or potentially could) contribute to achieving major objectives of existing manpower and related legislation or those set forth in the recommendations of the Commission and particularly the programs which are designed (or could be designed) to develop information and knowledge about manpower problems through research and demonstration projects or to train personnel in fields (such as occupational counseling, guidance, and placement) which are vital to the success of manpower programs; and

(5) evaluate and make recommendations to the Congress with respect to the report of the Secretary required under section 956 of this title, and continue to make studies of the impact of energy shortages upon manpower needs and include these

findings and recommendations with respect thereto in the reports required by section 955 of this title. (Pub. L. 93-203, title V, § 503, Dec. 28, 1973, 87 Stat. 875.)

EFFECTIVE DATE

Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title.

§ 954. Coordination study; report by January 31, 1975.

The Commission shall conduct a study of the utilization and interrelation of programs of manpower training with closely associated programs such as those conducted under the Wagner-Peyser Act, the work incentives program under part C of title IV of the Social Security Act, and others of similar nature, with a view to determining how they could be better coordinated and more effectively combined to serve individuals, particularly at the State and local levels, and shall make a report of their findings and recommendations to the President and the Congress not later than January 31, 1975. (Pub. L. 93-203, title V, § 504, Dec. 28, 1973, 87 Stat. 875.)

REFERENCES IN TEXT

The Wagner-Peyser Act, referred to in text, is classified to section 49 et seq. of this title.

Part C of title IV of the Social Security Act, referred to in text, is classified to section 630 et seq. of Title 42, The Public Health and Welfare.

EFFECTIVE DATE

Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title.

§ 955. Reports to President and Congress.

The Commission shall make at least annually a report of its findings and recommendations to the President and the Congress, and the first such report shall be transmitted not later than September 1, 1974. The Commission may make such interim reports or recommendations to the Secretary of Labor or to the heads of other Federal departments and agencies, and in such form, as it may deem desirable. (Pub. L. 93-203, title V, § 505, Dec. 28, 1973, 87 Stat. 875.)

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nities or significant segments of the communities and which provide manpower services (for example, Opportunities Industrialization Centers, Jobs for Progress, Mainstream, and Community Action Agencies).

(2) "Governor" means the chief executive of any State.

(3) "Health care" includes, but is not limited to, preventive and clinical medical treatment, family planning services, nutrition services, and appropriate psychiatric, psychological, and prosthetic services, to the extent any such treatment or services are necessary to enable the recipient of manpower services to obtain or retain employment.

(4) "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.

(5) "Manpower allotment" means sums received by a State or area under subchapter I of this chapter for any fiscal year (or, where applicable, under title II of the Manpower Development and Training Act of 1962, and part B of title I of the Economic Opportunity Act of 1964).

(6) "Offender" means any adult or juvenile who is confined in any type of correctional institution and also includes any individual or juvenile assigned to a community based facility or subject to pretrial, probationary, or parole or other stages of the judicial correctional or probationary process where manpower training and services may be beneficial, as determined by the Secretary, after consultation with judicial, correctional, probationary, or other appropriate authorities.

(7) "Public service" includes, but is not limited to, work in such fields as environmental quality, health care, education, public safety, crime prevention and control, prison rehabilitation, transportation, recreation, maintenance of parks, streets, and other public facilities, solid waste removal, pollution control, housing and neighborhood improvements, rural development, conservation, beautification, veterans outreach, and other fields of human betterment and community improvement.

(8) "Secretary" means the Secretary of Labor. (9) "State" includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.

(10) "Unit of general local government" means any city, municipality, county, town, township, parish, village or other general purpose political subdivision which has the power to levy taxes and spend funds, as well as general corporate and police powers.

(11) "Underemployed persons" means

(A) persons who are working part-time but seeking full-time work;

(B) persons who are working full-time but receiving wages below the poverty level determined in accordance with criteria as established by the Director of the Office of Management and Budget.

(12) "Unemployed persons" means

(A) persons who are without jobs and who want and are available for work; and

(B) except for purposes of sections 813 and 842 of this title, adults who or whose families receive supplemental security income or money payments pursuant to a State plan approved under title I, IV, X, or XVI of the Social Security Act or would, as defined in regulations to be issued by the Secretary, be eligible for such payments but for the fact that both parents are present in the home (1) who are determined by the Secretary of Labor, in consultation with the Secretary of Health, Education, and Welfare, to be available for work, and (2) who are either (i) persons without jobs, or (ii) persons working in jobs providing insufficient income to enable such persons and their families to be self-supporting without welfare assistance;

and the determination of whether persons 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 persons as unemployed, but such criteria shall not be applied differently on account of a person's previous employment.

(13) "Wagner-Peyser Act" means "An Act to provide for the establishment of a national employment system and for cooperation with the States in the promotion of such system, and for other purposes", approved June 6, 1933 (48 Stat. 113), as amended.

(b) As used in section 848 (c) of this title, the term "area" means

(1) where the applicant is an eligible unit of government or an Indian tribe, that geographical area over which the applicant exercises general political jurisdiction, or

(2) where the applicant is a public agency or institution which is a subdivision of an eligible unit of government, that geographical area over which such unit of government exercises general political jurisdiction.

(Pub. L. 93-203, title VI, § 601, Dec. 28, 1973, 87 Stat. 876.)

REFERENCES IN TEXT

Title II of the Manpower Development and Training Act of 1962, referred to in par. (5), is one of this chapter's predecessor provisions and, prior to its repeal, was set out in section 2581 et seq. of Title 42, The Public Health and Welfare.

Part B of title I of the Economic Opportunity Act of 1964, referred to in par. (5), is one of this chapters predecessor provisions and, prior to its repeal, was set out in section 2737 et seq. of Title 42.

Titles I, IV, X, or XVI of the Social Security Act, referred to in par. (12) (A), are classified to sections 301 et seq., 601 et seq., 1201 et seq., and 1381 et seq. of Title 42.

The Wagner-Peyser Act, referred to in par. (13), is classified to section 49 et seq. of this title.

EFFECTIVE DATE

Section effective Dec. 28, 1973, see section 615 of Pub. L. 93-203, set out as a note under section 801 of this title. § 982. Legal authority.

(a) The Secretary may, in accordance with chapter 5 of Title 5, prescribe such rules, regulations, guidelines, and other published interpretations under this chapter as he deems necessary. Rules, regulations, guidelines and other published interpretations

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